IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 15th day of June, 2010 Ist Bail Application No. 578 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Dharam Singh ……….Applicant (In Jail) Versus State of Uttarakhand ……. Opposite party __________________________________________________ Arising out of Case Crime No. 23/2010, U/s 379 IPC P.S. Dakshdeep Kankhal, District Haridwar. ___________________________________________________________ June 15, 2010 Hon’ble Dharam Veer,J. Heard Mr. Sanjeev Singh, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned counsel for the accused applicant argued that though it has been shown that the applicant accused by arrested by the complainant at the time of theft itself but even then there is no recovery of any stolen items from the possession of the accused applicant, which creates doubt about the arrest of the applicant by the complainant at the time of theft. He further submitted that the applicant has got no previous criminal history and he is in jail since 13.3.2010. Having heard the submissions of learned Counsel for the parties: perusal of the contents of FIR; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Narbeday be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Haridwar. Bail application is allowed accordingly. (Dharam Veer, J.) 15.6.2010 PRABODH