HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 17th July, 2008 1st Bail Application No. 523 of 2008 Order on the bail application of the accused. CRIMINAL SIDE Salim Malik @ Salim Teli …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No. 2473 of 2007 U/s 395, 397 & 412 I.P.C. Police Station Kashipur District Udham Singh Nagar Hon’ble J. C. S. Rawat, J. Heard Mr. K.S. Bora, Advocate for the applicant; Sri Nandan Arya, A.G.A. for the respondent/State; and perused the record. Learned counsel for the accused/applicant contended that there is a recovery of looted articles from the possession of the co-accused or in pointing out of the other co-accused who have been chargesheeted by the police. As far as the present accused/applicant is concerned, there is no recovery of looted articles from his possession or in his pointing out. It was further contended that the arrest as indicated in the arrest memo reveals a cooked up case against the present accused/applicant. The accused/applicant has been arrested on 01/12/2007 whereas dacoity took place on 14/05/2007. Referring to para 13 of the counter affidavit, the learned counsel for the accused/applicant contended that the other co-accused has taken the name of accused/applicant in their evidence recorded u/s 161 Cr.P.C. . Considering the facts and circumstance of the case in totality, it is a fit case for bail. Let the accused/applicant Salim Malik @ Salim Teli be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned (J.C.S. Rawat, J.) Dated 17.07.2008 Shiv