IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 19th day of February 2008 Criminal Bail Application No. 148 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Akram, S/o Rehmat Kureshi, R/o Khalapar Jodowali, P.S. Kotwali Muzzafarnagar, District Muzzafarnagar. ....Applicant (In Jail) Versus State of Uttarakhand ------ Opposite party _________________________________________________ Arising out of Case Crime No.38 of 2007 U/Ss.395/412 I.P.C., P.S. Kotwali Manglore, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri S.K. Shandilya, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State In brief the prosecution case it that five unknown persons have committed dacoity in the house of the complainant on 01.02.2007 at 4:45 A.M. and looted Rs.33000/-, some ornaments of gold and silver and some clothes, detail of which are mentioned in the F.I.R. With the same averments, the F.I.R. was lodged by complainant Anil Kumar Pal on 01.02.2007 at 7:30 A.M. in Police Station Kotwali Manglore, District Haridwar. Learned counsel for the applicant has submitted that the present applicant was arrested by the police on 20.06.2007 and from his possession one Mangal Sutra was said to be recovered. He has further submitted that the description of Mangal Sutra mentioned in the F.I.R. was not the same description that was shown to be recovered from the possession of the applicant. He has further submitted that before this case applicant has got no criminal history and he is in jail since 20.06.2007 and the trial of the case has not yet been started. 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 applicant Akram be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 19.02.2008 ARTI