IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 3rd day of January, 2008 Criminal Bail Application No.1422 of 2007 Order on the Bail application of accused. CRIMINAL SIDE Sundeep @ Kalva S/o Dharampal Singh, R/o Vill.Nawabpur, P.S. Afjalgarh, Distt. Bijnor ..….Applicant(In Jail) Versus State of Uttarakhand ……..…….Opposite Party _____________________________________________________________________________________________________________ Arising out of Case Crime No.18 of 2006 U/Ss 395, 397 & 412 IPC P.S. Kalagarh, Distt.Pauri Garhwal. Hon’ble Dharam Veer, J. Heard Sri Rajeev Sharma, learned counsel for the applicant and Sri Harish Pujari, learned Addl. GA for the State. In brief the prosecution case is that six persons had committed dacoity when the complainant along with others was going in his Qualis Nos.DL NB-2191 and DL NB 1025. When they reached between Pakhro and More Ghati near Mugari rainy culvert, six persons had committed dacoity and they had looted Rs.2,000/-cash, a Titan watch worth Rs.4,500/-from P.K. Sen, Rs. 1,35,000/- of office and Rs. 1,500/- personal, two mobile phones 2010 of L.G., 6030 of Nokia worth Rs.9,000/- from Amir Usmani, two mobile phones Soni Erikson T-230, Rs.6,500/- Soni Erikson, Rs.3,500/- cash from Ritesh Kumar, one Binocular worth Rs.80,000/-, one Camera worth Rs.35,000/-, Rs.1,10,000/- etc. from Merit Polet and some other things from some other persons. For the same averments, the FIR was lodged by P.K. Sen at Police Station Kalagarh, Sub District Kotadwara, District Pauri Garhwal on 01.04.2006 at 2.00 P.M. The incident was said to be taken place on 01.02.2006 at about 1.00 P.M. The present applicant was arrested on 02.06.2006 and from his possession one mobile phone and one Binocular was said to be recovered. Learned counsel for the applicant submitted that the said recovery was shown on 02.06.2006 but till today no identification proceeding was held to identify the above said articles as per law. He further submitted that the applicant is in jail since 02.06.2006 and the trial of the case has not yet been completed. He has further submitted that co-accused Nazeem @ Nazim @ Nazeeb has been released on bail by this Court on 07.08.2007 and co-accused Sazid has been released on bail by this Court on 20.9.2007 and co-accused Alam @ Jalam has been released on bail by this Court on 13.11.2007 and co-accused Rohtash Singh Chauhan has also been released on bail by this Court on 17.12.2007 and on the basis of parity, the present applicant is also entitled for bail. After considering all the fact and circumstances, without expressing any opinion about the final merit of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant Sundeep @ Kalva be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the C.J.M., Pauri Garhwal. (Dharam Veer, J.) January 3, 2008 Rajeev Dang