IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Second Bail Application No.102 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Kurban @ Furkan @ Nadeem S/o Intezar ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.299/03 U/Ss 395/397/412 IPC, P.S. Mangalore, Distt. Haridwar Dated: December 17, 2009 Hon’ble Dharam Veer, J. This is second bail application moved by the applicant. The first bail was disposed of by this Court on 1.4.2009 directing the applicant to move a fresh bail application and trial court was also directed to decide the bail afresh. But the first bail was not decided on merits. Heard Mr. Manish Arora, Advocate for the applicant and Sri Amit Bhatt, learned Addl. GA for the State. Learned counsel for the applicant submitted that he is not named in the FIR and even the recovery shown from his possession is not at all connected with the looted items. He further submitted that the applicant is in jail since 6.10.2005 and the trial has yet not been concluded. Further, the prosecution has examined as many as three witnesses namely, Monika Sharma (PW1), Mukesh Kumar (PW2) and Gulab (PW3) and the statements of those witnesses have also been annexed with the bail application. Out of those three witnesses, P.W.1 Monika Sharma and P.W.2 Mukesh Kumar have been declared hostile while the P.W.3 Gulab too has not supported the prosecution case. He further submitted that the co-accused Asif, Nisar and Ummed have been released on bail by the order of Addl. Sessions Judge/I FTC, Roorkee dated 10.5.2005 and the applicant is also entitled for bail on the ground of parity. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and other material on record, 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 the applicant-Kurban @ Furkan @ Nadeem be released on bail on his executing a personal bond and also on furnishing two sureties each in the like amount to the satisfaction of J.M., Roorkee, Distt. Haridwar. The second bail application is disposed of accordingly. (Urgency application No.3413/09 also stands disposed of) (Dharam Veer, J.) 17.12.2009 Rajeev Dang