IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.225 of 2010 Order on the Bail application of accused CRIMINAL SIDE Prateek ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.222 of 2009, U/s 379/411 IPC, P.S. Patel Nagar, Distt. Dehradun Dated: March 17, 2010 Hon’ble Dharam Veer, J. Heard Mr. B.N. Molakhi, Adv. for the applicant and Mr. M.A. Khan, learned Brief Holder for the State. Learned counsel for the applicant submitted that the applicant is not named in the FIR and the Activa Scooter in question was recovered on 19.8.2009 on the pointing out of co-accused Gaurav and not from the possession of the applicant. Learned Brief Holder submitted that the name of the applicant has come into light on the basis of confessional statement of co-accused Gaurav recorded in the police custody. Learned counsel for the applicant submitted that the statement recorded in the police custody is not admissible as per law and he is in jail since 29.9.2009. After considering all the facts and circumstances, 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 Prateek be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Dehradun. The bail application is allowed accordingly. (Urgency application no.954/10 also stands disposed of) (Dharam Veer, J.) 17.03.2010 Rajeev Dang