IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURSDICTION Dated: Nainital the 11th April, 2008 Bail Application No. 270 of 2008 Order on the bail application of accused CRIMINAL SIDE Sadakat s/o Liyakat Gada R/o village Padli Gujjar Police Station Kotwali Gangnaher Roorkee District Haridwar … Applicant Versus State of Uttarakhand … Opposite Party Arising out of case crime No.72 of 2008 Under Sections 380, 457, 511, 307 IPC P.S. Kotwali Roorkee District Haridwar Hon’ble J.C.S. Rawat, J. Heard Mr. Manish Arora, learned counsel for the applicant and Mr. G.S. Sandhu, learned G.A. for the State. Perused the record. The applicant has been charged under section 380, 457, 511, 307 IPC in case crime No. 72/2008. According to the FIR, when the police party reached at the spot three persons were trying to cut the grill of A.C. affixed in the bank. Due to the intervention of the police, one of the accused namely Gayur Ansari was apprehended at the spot and two persons, namely Sahnawaz @ Pappu and Sadakat – the present applicant fled away from the place of incident. Later on, both accused persons were apprehended on the basis of interrogation made from the accused Gayur Ansari. It is also alleged that all the accused persons fired upon the police party, but the police party did not sustain any injury at the spot. Learned counsel for the applicant submitted that the co-accused Sahnawaz @ Pappu has been released on bail by the Sessions Judge. The case of the present applicant is different from the accused Gayur Ansari, who was arrested by the police at the spot. It is alleged that the present applicant ran away from the spot and no recovery has been made from his possession. However, the police submitted the chargesheet against all three accused persons. It was further contended that there is no injury on the police personnel. It is clear that the case of the main accused Gayur Ansari who was arrested at the spot is different from the present applicant. Considering the totality of the facts and circumstances of the case, I find that this 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 11.04.2008 LSR