IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 8th day of November, 2011 Criminal Bail Application No. 870 of 2011 Order on the Bail application of accused. CRIMINAL SIDE Jogendra, S/o Fool Singh, R/o Dhadhedukala, P.S. Charthawal, District Muzzafarnagar, U.P. -------- Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No. 263 of 2011, Under Section 394, 411, 120-B IPC, P.S. Kotwali Roorkee, Distt. Haridwar Hon’ble Servesh Kumar Gupta, J. Heard Mr. Manish Arora, Advocate for the applicant and Mr. T.C. Agarwal, AGA for the State of Uttarakhand. Having heard the learned counsel of Sri Jogendra as well as learned AGA for the State of Uttarakhand, the prosecution story is that on 22nd/23rd July, 2011 at about 3.45 a.m., accused persons, namely, Sanjay, Chhotu and Sandeep entered into the house of the complainant by breaking the grill of the window. They robbed the house owner and his better half along with jewellery from their house. When they were resisted by the house owner / complainant and his wife, all the assailants bitterly manhandled them. The FIR was lodged quickly and the police, during the course of investigation, recovered considereable items, which were plundered by the accused persons. Learned counsel of accused Jogendra has argued that the complainant has not identified Sri Jogendra. He has named only three persons as Sanjay, Chhotu as well as Sandeep. Learned AGA has argued that the police has discovered the role of this Jogendra as he was extending cooperation to the actual culprits by way of being stood outside the house at some distance. He was apprehended 2 by the police along with the co-accused persons at the time of distribution of the plundered goods. Learned counsel for the applicant has argued that this Jogendra does not have the active role in the matter and is in gaol since 22nd July, 2011. Taking all the facts and the extent of complicity of accused Jogendra in the crime, he is set at large on filing a personal bond of `40,000/- and two sureties each of the like amount to the satisfaction of the Magistrate concerned. The bail application along with urgency application (IA No. 4048 of 201) is disposed of accordingly. (Servesh Kumar Gupta, J.) 8.11.2011 Rathour