IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.109 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Naseem Ahmad S/o Hanif ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: March 16, 2010 ____________________________________________________________________ Arising out of Case Crime No.257 of 2009 Under Sections 395, 412 and 120-B of IPC P.S. Kotwali Laksar, District Haridwar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Navneet Kaushik, Advocate for the applicant and Sri M.A. Khan, Brief Holder for the State and also perused the record. As per the prosecution story, on 18.9.2009 dacoity of Rs.3 Lacs, 15 to 16 Tolas of gold and three mobile phones were committed by four accused persons in the house of Sanjeev Kumar. The FIR of the said dacoity was lodged by complainant Sanjeev Kumar on the same day at 07:15 AM at P.S. Kotwali Laksar, District Haridwar. Learned counsel for the applicant has submitted that the applicant is not named in the FIR. The applicant is having a shop in front of the house of complainant and the applicant were not in good terms with the complainant and for this reason after sometime the applicant was disclosed as fifth accused in the said dacoity. The applicant was arrested on 6.10.2009 and recovery of Rs.1,500 was made from him. It is argued that the above recovered money belongs to the applicant and is not related with the said dacoity. It is further argued that one earring was also shown to be recovered from the possession of the applicant but the same was not mentioned in the FIR and even it is not identified by the complainant or his wife. It is pleaded that the applicant is in jail since 6.10.2009 and has no previous criminal history. Having considered the submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Naseem Ahmad be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of Judicial Magistrate, Laksar. The bail application is disposed of accordingly. (Dharam Veer, J.) 16.03.2010 RG