HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 29th April, 2009 First Bail Application No. 58 of 2009 Order on the bail application of the accused. 1. Manoj Kumar S/o Sri Dharam Singh 2. Vikki S/o Sri Ramesh …….. Applicants Versus State of Uttarakhand …….. Opposite Party Case Crime No.431 of 2008 U/s 380 and 411 I.P.C. Police Station Ranipur District Haridwar Hon’ble J. C. S. Rawat, J. Heard Mr. Rakesh Kumar Joshi, Advocate vice Mr. Jitendra Chaudhary, Advocate for the accused/applicants; Mr. B.S. Parihar, Brief Holder for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; the fact that recovery memo discloses that the accused/applicant Manoj Kumar was driving the alleged Alto Car No. CH-04-1562 at the time of the arrest; there is no plausible explanation on behalf of the accused/applicant how this vehicle came into his possession; and in the facts and circumstances of the case, the bail application of accused/applicant Manoj Kumar is liable to be dismissed. Dismissed accordingly. Whereas the bail application of accused/applicant Vikki is concerned, he was merely sitting on the back seat of the car. Keeping in view the facts and circumstances of the case, the accused/applicant Vikki is entitled to get the bail. Let the accused/applicant Vikki be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat, J.) Dated 29.04.2009 Shiv