IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION First Bail Application No.869 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Babluddin @ Bablu ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 10, 2010 __________________________________________________________________ Arising out of FIR No.343/2009 U/s 342, 395, 412, 120-B IPC P.S. Haldwani, District Nainital ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Mrs. Pushpa Joshi, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. In brief, the prosecution case is that complainant Than Singh lodged a first information report at P.S. Haldwani with the averments that on 28.7.2009 at about 12:45 PM five armed miscreants entered into his house, detained his wife and thereafter committed robbery in the house. It is further alleged that the miscreants also threatened to kill his two years’ old grandson. The complainant reached his house at 1 PM, he saw the main gate is opened. As soon as he parked his motorcyle, one miscreant came from his back and threatened him on the pistol point not to make noise. They took out his ring, mobile and purse. Later on they take out Rs.2,000/- from the purse and asked for the key of safe. Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the said case. Contrary to this, learned Addl. GA for the State while opposing the bail application of the applicant vehemently argued that during the course of investigation the present applicant was arrested and at the time of his arrest recovery of Rs.15000/- and English Pistol was made from the possession of the applicant. Further, the applicant has been identified by the prosecution witness in the identification parade. Keeping in view all the aforementioned facts and circumstances and the seriousness of the offence and the fact that the applicant has been identified by the prosecution witness in the identification parade which discloses his involvement in the said crime, no case for bail is made out. The bail application is rejected accordingly. (Dharam Veer, J.) 10.11.2010 RG