IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 19th day of November 2008 IInd Criminal Bail Application No. 978 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Haroon S/o Pathan R/o Milak Rodhi, P.S. Subhash Nagar, District Bareilly (U.P.) …..Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 19, 2008 Arising out of Case Crime No. 1831 of 2007 Under Sections 395, 397 and 412 I.P.C. P.S. Khatima, District –Udham Singh Nagar Hon’ble Dharam Veer, J. Heard Sri Vikas Anand, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. The first bail application was dismissed for non prosecution on 11.11.2008. In brief, the prosecution case is that in the intervening night of 17/18.5.2007, five dacoits have committed dacoity in the house of Shyam Lal and the dacoits were armed with swords, lathis and dandas and in the course of dacoity, they have taken cash of R. 10,000/- and the ornaments of daughter of the complainant viz. ear kundals, silver Hasuli, Bichuwa of waist and silver Khaduas. With the same averments, the F.I.R. was lodged by Shyam Lal on 18.5.2007 at 3:40 A.M. at P.S. Khatima, District-Udham Singh Nagar. Learned counsel for the applicant submitted that the present applicant was arrested by the police on 18.2.2008, after about nine months of the said incident and some clothes and silver Khaduas were shown to be recovered from the possession of the applicant. He further submitted that the clothes were not mentioned in the F.I.R. and the silver Khaduas which were said to be recovered from the applicant were not identified as per the law. He further submitted that the co-accused Salim @ Purana and Shamsher @ Majid Ansari have been released on bail by the orders of this Court dated 25.10.2007 and on the basis of parity, present applicant is also entitled for bail. It is also submitted that the present applicant is in jail since 18.2.2008 and the trial has yet not been started and he has got no criminal history before this case. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant-Haroon be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 19.11.2008 RG