IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 16th day of April, 2010 Ist Bail Application No. 343 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Abdul Hasan .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party With Ist Bail Application No. 301 of 2010 CRIMINAL SIDE Ahmad Hasan .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Part Arising out of FIR No. 6/2010, U/s 394 & 411 IPC, PS Gadarpur, District Udham Singh Nagar. April 16, 2010 HON’BLE DHARAM VEER, J. Both these bail applications are related to the same incident and hence, being disposed of by the common order. Heard Mr. TA Khan and Smt. Pushpa Joshi, Advocates for the applicants and Mr. Amit Bhatt, Addl. GA for the State. In brief, the prosecution case is this that on 12.1.2010 at about 3.30 pm when the complainant Rakesh Kumar Sharma was returning to Gadarpur after collecting the money of his company Kamal Traders from Rudrapur and was passing through Sakainia area, then near the Rajpura farm behind him a motorcycle has come on which three miscreants were there and his motorcycle was fallen down by pushing by these three persons and by showing a revolver they have snatched the bag from him and after robbing the said bag they have ran away towards Gadarpur. He has made a noise and informed to his owner Kamal Futela who has come on the spot and thereafter a report was lodged. He has also made a description of the bag in the FIR. The bag was blue in colour and the ‘GAMES CLUB’ is written on the bag. Four pockets are in the bag and the money recovered by him was inside the bag. The description of money was made in the FIR, that is 12 2 notes of Rs. 1000, 76 notes of Rs. 500, 100 notes of Rs. 100, another bundle of 90 notes of Rs. 100, 86 notes of Rs. 50, two bundles of 100 notes of Rs. 10, 54 notes of Rs. 10 and seven notes of Rs. 20 i.e. total Rs. 75980/-. The FIR was lodged on the same day i.e. on 12.1.2010 at 3.50 pm in PS Gadarpur. Thereafter police chased the miscreants and at 4.30 pm, two miscreants were arrested by the police on a motorcycle near Kelakhera police chowki on Kashipur road and robbed amount of Rs. 75980/- in the abovesaid bag was recovered from their possession. Smt. Pushpa Joshi, learned Counsel for the applicant Ahmad Hasan submitted that he has been falsely implicated in this case and he is claiming that amount and money belongs to Ahmad Hasan. Mr. TA Khan, learned Counsel for the applicant Abdul Hasan argued that the applicant was not arrested on the spot and he has been falsely implicated in this case. Perusal of the contents of the FIR and recovery memo, reveals that amount of Rs. 75980/- the description of which was made in the FIR was robbed by three unknown persons on the highway on 12.1.2010 at 3.30 pm and the FIR of the incident was lodged on the same day at 3.50 pm in PS Gadapur and police after taking the necessary precautions and chasing the abovesaid miscreants arrested them at 4.30 pm on the same day within 10 kilometres distance on the same highway and money description of which was made in the FIR was recovered in the same bag from the applicants accused. For the reasons recorded above and in view of the facts and circumstances of the case, I do not find any ground to release the accused applicants on bail. Hence, both the bail applications are hereby rejected. (Dharam Veer, J.) 16.4.2010 PRABODH