IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 12th December, 2008 Criminal Bail Application No.928 of 2008 Order on the bail application of accused CRIMINAL SIDE Neeraj S/o Satveer …Applicant Versus State of Uttarakhand … Opposite Party Arising out of Case Crime No. 164 of 2008 Under Sections 386 I.P.C. P.S. Kotwali Gangnehar Roorkee District Haridwar _________________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Mr. Manish Arora, Advocate for the applicant and Mr. Amit Bhatt, Addl. G.A. for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; the contents of the FIR and recovery memo; the fact that the prosecution could not demonstrate the call records of the telephone number by which the calls were made; it is stated in the furd recovery that the mobile phone recovered from the possession of the applicant was used by all three accused persons; when the recovery of mobile phone was made two other accused persons were also apprehended alongwith the present applicant; co-accused Kuldeep has already been released on bail by this Court vide order dated 19.09.2008 passed in B.A. No. 763 of 2008; and considering the facts and circumstances of the case, it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Judicial Magistrate, Roorkee. (J.C.S. Rawat, J.) Dated 12.12.2008 LSR