IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.939 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sudhir Kumar & another ……….Applicants (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.114/09 U/Ss 420/411 IPC, P.S. Kotwali Roorkee, Distt. Haridwar Dated: November 20, 2009 Hon’ble Dharam Veer, J. Heard Mr. Manish Arora, learned counsel for the applicants and Sri B.S. Parihar, learned Brief Holder for the State. In brief the prosecution case is that complainant Govind Singh Bisht lodged an FIR at P.S. Kotwali Roorkee on 28.3.09 at 6:55 PM that from his bank account, somebody had withdrawn the money and when he checked the account after the entry in passbook, Rs.20,000/- were found to be withdrawn by someone. Learned counsel for the applicants has submitted that as per the FIR, the incident took place on 17.3.2009 but the FIR was lodged on 28.3.2009 and thus there is delay of 11 days in lodging the FIR which has not been explained by the prosecution, which creates a doubt in the prosecution story. He further submitted that the applicants was arrested on 28.3.2009 and from the possession of each of the applicants, Rs.10,000/- was said to be recovered. He further submitted that the prosecution has failed to prove that the money recovered from the applicants is the same which was taken at the ATM machine from the account of complainant. He further submitted that the applicants are in jail since 28.3.2009 and the trial has yet not been started and they have got no criminal history before this case. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage. Let each of the applicants-Sudhir Kumar & Guddu @ Kuldeep be released on bail on each of their executing personal bonds and also on furnishing two sureties each of the like amount to the satisfaction of J.M., Roorkee, Distt. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 20.11.2009 Rajeev Dang