IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 11th day of December 2009 Ist Bail Application No.1121 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Mohammad Alam S/o Mohammad Arshad ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 11, 2009 ____________________________________________________________________ Arising out of F.I.R. No.142/2008 Under Sections 395, 397 and 412 of IPC P.S. Rudrapur, District Udham Singh Nagar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri R.S. Sammal, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. C.S.C. for the State and also perused the record. Learned counsel for the applicant has submitted that the alleged dacoity is said to have taken place on 11.4.2008 at 02:30 AM in the night and the FIR was lodged on the same day at 04:15 AM. He further submitted that the present applicant is not named in the FIR. He further submitted that the accused-applicant has been arrested by the Police on 27.11.2008 and it has been shown that from his possession one DVD player, four silver coins, one silver anklet and one bangle has been recovered. He further stated that the aforesaid articles shown to be recovered from the possession of the applicant were not mentioned in the FIR. The idenfication of aforesaid articles has not taken place till today and even no idenfication parade to identify the accused/appellant has been held in the jail. It is further submitted that the applicant is in jail since 27.11.2008 and the trial of the case has yet not started. After considering all the facts and circumstances; hearing learned counsel for the parties; on perusal of the contents of the F.I.R. and other papers available in file, without expressing any opinion about the final merits of the case, this Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Mohammad Alam be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 11.12.2009 RG