IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 9th day of December, 2009 Ist Bail Application No.1038 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Daleep .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 406 of 2008, U/s 394, 411 & 120-B I.P.C PS Rishikesh, District Dehradun. _______________________________________________________________ December 9, 2009 HON’BLE DHARAM VEER, J. Mr. Ramji Srivastava, Advocate for the accused applicant. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant submitted that co-accused Mange Ram @ Ajay has been granted bail by this Court vide order dated 20.2.2009 and the present accused applicant is also entitled for bail on the basis of the parity. He further submitted that the accused applicant was arrested on 23.3.2009, but no identification parade has been held so far for identification of the accused applicant. After due consideration of the submissions of the learned Counsel for the parties; perusal of the contents of the FIR; the fact that instead of putting the accused applicant for identification after his arrest, the I.O. called the complainant and avoided the identification parade; the fact that the recovered property has not been co- related with the accused applicant by any other evidence and having regard to the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that this is a fit case for bail. Let the applicant Daleep be released on bail on his executing a personal bond and furnishing of two sureties each in like amount to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 09.12.2009 PRABODH 2