IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 25th day of November 2003 Criiminal Misc. Bail Application No. 1081/2003 Order on the bail application of accused. CRIMINAL SIDE Nadeem S/o Naseem Ahmad R/o Mehuwala Mafi P.S, Kotwali Dehradun District Dehradun. ……Applicant. Versus State of Uttaranchal ….Opposite party. Arising out of case crime No. 738/2002 U/Ss 379/411 I.P.C. P.S. Kotwali Dehradun. District Dehradun. AND Criiminal Misc. Bail Application No. 1082/2003 Order on the bail application of accused. Nadeem S/o Naseem Ahmad R/o Mehuwala Mafi P.S, Kotwali Dehradun District Dehradun. ……Applicant. Versus State of Uttaranchal ….Opposite party. Arising out of case crime No. 678/2002 U/Ss 379/411 IPC P.S. Kotwali Dehradun. District Dehradun. AND Criiminal Misc. Bail Application No. 1083/2003 Order on the bail application of accused. Nadeem S/o Naseem Ahmad R/o Mehuwala Mafi P.S, Kotwali Dehradun District Dehradun. ……Applicant. Versus State of Uttaranchal ….Opposite party. Arising out of case crime No. 699/2002 U/Ss 379/411 I.P.C. P.S. Kotwali Dehradun District Dehradun. By the court Hon’ble Irshad Hussain, J. Heard Sri K.S. Verma, learned counsel for the applicant and learned A.G.A. for the State. The applicant-accused is involved in the case of recovery of stolen vehicles. It is averred that co-accused Amandeep Verma and Aman Rana have been released on bail by the Session Judge, Dehradun and from their possession also vehicles were recovered at the very same time. Perusal of the copy of the statement of S.I. Ajay Pal Gautam indicate that a white Maruti car was recovered from the joint possession of the four culprits. Learned counsel submitted that it was a joint recovery and, therefore, the applicant-accused can not alone be attributed possession of the said Maruti car. Statement of the said witnesses further reveal that recovery of other vehicles was made at the pointing of other culprits because the applicant-accused and one Amzad were allegedly left behind with the recovered Maruti car in the supervision of constables Subhash Chand Rathore, Yashpal and Munendra Singh. In view of the statement learned counsel submitted that it is incorrect to attach other recoveries with the applicant-accused. Considering these aspects and the fact that the cases are triable by the Magistrate, the applicant-accused is admitted to bail. All the three bail applications are allowed. The applicant shall be released in crime No. 379/2002 under sections 379/411 I.P.C., Crime No. 678/2002 U/Ss 379,411 I.P.C. and crime No.699/2002 under sections 379/411 I.P.C. P.S. Kotwali Dehradun on his executing bail bonds and two sureties in all the three case crimes each in the like amount to the satisfaction of C.J.M. Dehradun. (Irshad Hussain, J.) Dated: 25.11.2003 ISB