IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 14th day of February 2008 Criminal Bail Application no. 73 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Pankaj S/o Anil Kumar, R/o House no. 325 Heerapur Nagar Jhansi, District Jhansi, Uttar Pradesh. ... Applicant/appellant Versus State of Uttaranchal ... Opposite Party Arising out of case crime no. 258 of 2007 U/Ss 420,467,468,411 I.P.C. Police Station Ranipur, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Manish Arora, learned counsel for the applicant/ accused and Sri M.A. Khan, learned Brief Holder for the State. The prosecution case, in brief, is that on 03.09.2007 the police have arrested the present accused/applicant and on his pointing out the police have recovered Rs. 3,000/- kept in a black purse, one golden chain, one watch make TITEN, 4 mobile phones and 2 rubber stamps from the house of other co-accused Gaurav. With the identical averments a first information report in this regard was lodged on the same day at 09:25 p.m. at Police Station Ranipur, district Haridwar. Learned counsel for the applicant, first of all, has vehemently contended that said recovery was not, at all, made from the applicant’s possession and, in fact, it was made from the house of Gaurav in the presence of his mother Smt. Geeta, as per the averments made in the recovery memo. He has further submitted that the accused has been falsely implicated in this case on the basis of doubts. It is further submitted that the accused is jail since 03.09.2007; the trial has yet not started. It is further submitted that prior to this case, the applicant has not got any criminal history. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Pankaj be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) February 14, 2008: NCM: