IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.326 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Rohit S/o Yashvir Singh ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: March 19, 2010 ____________________________________________________________________ Arising out of Case Crime No.278 of 2009 Under Sections 395 and 412 of IPC P.S. Kotwali Laksar, District Haridwar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Subhash Tyagi Bhardwaj, learned counsel for the applicant as well as Sri M.A. Khan, learned Brief Holder for the State and also perused the record. In brief, the prosecution story is that on 20.10.2009 the complainant was going from Village Bhainsi to Bhogpur Shiv Stone Crasher by his tractor Mahendra UP12C-2391- 475. At about 07:30 PM, the applicant and two other co- accused persons boarded in the tractor and started beating the complainant. It is alleged in the FIR that the applicant alongwith co-accused have looted the tractor of the complainant. With the same averments, complainant Mahendra Giri lodged the FIR on the same day at 11:50 PM at P.S. Kotwali Laksar, District Haridwar. On 6.11.2009, the said looted tractor/trolley was recovered from the possession of the present applicant and the co-accused. Learned counsel for the applicant has argued that the applicant is not named in the FIR and he has falsely been implicated in the said case. Per contra, learned brief holder for the State has argued that though the applicant is not named in the FIR but the recovery of looted tractor has been made from the applicant Rohit and co-accused Sachin and Veerpal, which proves the involvement of the applicant in the crime. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of FIR and on perusing the recovery memo, I am of the view that the applicant does not deserve bail. The bail application is liable to be rejected and is rejected accordingly. (Dharam Veer, J.) 19.03.2010 RG