IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 2nd December, 2008 Order on the bail application of accused Criminal First Bail Application No. 702 of 2008 CRIMINAL SIDE Deepak @ Tillu, S/o Sh. Kailash Nath. ….Applicant Verus State of Uttarakhand ….Opposite Party Arising out of Criminal Case No. 257/2008 Under Section : 356/411 IPC. P.S. Kashipur, District U S Nagar. Hon’ble J.C.S. Rawat, J. Heard Mr. Davesh Bishnoi, Advocate for the applicant, Mr. Amit Bhatt, Addl. G.A for the respondent-State & also perused the record. It is found that despite a number of opportunities provided to the learned Addl. G.A to file counter affidavit, no counter affidavit has been filed by the learned addl. G.A till date. As such, right to file counter affidavit is hereby closed. After due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R; the averments made against the accused applicant in the F.I.R; the fact that the other two co-accused have already been released on bail by this Court; and in the facts & circumstances of the case, I deem it proper to release the accused applicant on bail. Let the accused-applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction o f the magistrate concerned. (J.C.S. Rawat, J.) Dated 02.12.2008 V.K.