IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 24th November, 2008 Criminal Bail Application No. 719 of 2008 Order on the bail application of accused CRIMINAL SIDE Nintu S/o Sh. Chandra Pal Singh …..Applicant Versus State of Uttarakhand ….Opposite Party Arising out of case crime No. 257 of 2008 Under Sections: 356, 411 I.P.C. P.S. Kashipur, District U.S. Nagar Hon’ble J.C.S. Rawat, J. Heard Mr. Davesh Bishnoi, Advocate for the applicant and Mr. Amit Bhatt, Addl. G.A. for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; the fact that the FIR was lodged at police station Kashipur on 20.05.2008 against the unknown person; the fact that a sum of Rs.550/- and one mobile phone were recovered from the possession of the accused; the police prepared the recovery memo in which case crime No.275/2008 under sections 41/102 Cr.P.C. & 411 IPC was recorded; the recovery was made from the same police station; perusal of bail order of other accused dated 24.06.2008 which was shown by learned counsel for the applicant shows that the D.G.C.(Cri.) has stated before the trial court that the said offence could not be connected with any of the FIR in the district; the fact that there is no identification of mobile phone recovered from the possession of the applicant; and considering the facts and circumstances of the case, it 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 Magistrate concerned. (J.C.S. Rawat, J .) Dated 24.11.2008 LSR