IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 18th September, 2008 Criminal First Bail Application No.616 of 2008 Order on the bail application of accused CRIMINAL SIDE Chandra Shekhar Chauhan. …Applicant Versus State of Uttarakhand …Opposite Party Arising out of case crime No. 242/2007 Under Sections: 380/328/411 of I.P.C. Police Station Cantt, District Dehradun _______________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Mr. Vinod Sharma, Advocate for the applicant, Mr. Nandan Arya, Assistant Government Advocate for the respondent- State and also perused the record. The learned counsel for the applicant contended that; the alleged theft was committed on 17.12.2007 and the recovery of the articles was made on 03.01.2008 but the list which was submitted to the police did not contain two gold chains, one gent’s wrist watch, nine silver coins & seven receipts concerning Sahara, two receipts pertaining to Kisan Vikas Patra & five receipts of L.I.C; the list which was furnished by the complainant contained items like nokia mobile, sony camera, four rings; all the above articles have been shown to be recovered from the possession of the accused-applicant; by going through the case diary, the learned A.G.A. also pointed out that the accused-applicant identified the gold chain, wrist watch, seven silver coins though it was not in the list furnished by the complainant; and the accused-applicant has been falsely implicated in this case. Considering the facts and circumstances of the case in totality, it is a fit case for 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 of the Magistrate concerned. Urgency Application Nos. 1988/2008 & 2236/2008 are disposed of accordingly. (J.C.S. Rawat, J.) Dated 18.09.2008 V.K