IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 25th day of November 2009 IInd Bail Application No.82 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Tasleem @ Babloo ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 25, 2009 ____________________________________________________________________ Arising out of Case Crime No.118/2008 Under Sections 379 and 411 IPC P.S. Nehru Colony, District Dehradun ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. Pawan Mishra, Advocate for the applicant as well as Mr. M.A. Khan, Brief Holder for the State and perused the record. This is the second bail application moved by the applicant. The first bail application was dismissed on merits by this Court vide order dated 17.6.2009. Learned counsel for the applicant has submitted that the applicant is in jail since 10.9.2008 in connection with the aforesaid crime. He further submitted that after submission of charge sheet by the I.O., a Criminal Case No.2150/2008 was registered against the applicant, which is still pending in the court of Judicial Magistrate Ist, Dehradun. He further submitted that on 16.1.2009 charge was framed against the applicant by the trial court and 29.1.2009 was fixed for evidence of prosecution. Thereafter, 11.2.2009, 24.2.2009, 6.3.2009, 19.3.2009, 1.4.2009, 15.4.2009, 28.4.2009, 6.5.2009, 20.5.2009, 1.6.2009, 15.6.2009, 26.6.2009, 29.6.2009, 4.7.2009, 13.7.2009, 24.7.2009 and 4.11.2009 has been fixed for evidence of prosecution before the trial court but the prosecution has not completed the evidence till date. A copy of order sheet of the trial court is annexed as Annexure No.4 to this bail application. Learned counsel for the applicant further submitted that the date 29.1.2009 was the first date for evidence of prosecution but after lapse of ten months from the first date of evidence the trial could not be concluded and as such the applicant is legally entitled for bail as per provision of Section 437 (6) of Cr.P.C. After considering all the facts and circumstances of the case and in view of the legal proposition, 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-Tasleem @ Babloo be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction Chief Judicial Magistrate, Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) 25.11.2009 RG