HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 9th April, 2009 First Bail Application No. 972 of 2008 Order on the bail application of the accused. Mohd. Afzal Pradhan S/o Wali Mohammad …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.342 of 2008 U/s 489-B and 489-C I.P.C. Police Station Kotwali Roorkee District Haridwar Hon’ble J. C. S. Rawat, J. Heard Mr. Manish Arora, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; affidavit, counter affidavit and documents filed by the parties; the fact that passport which is said to have been recovered from the possession of the accused/applicant, no report has been lodged to Government of India or to the Department of Foreign Affairs as stated by the learned A.G.A.; the fact that neither statement of shoe stall holder has been recorded in the case diary nor the State could demonstrate that such statement has been recorded by the police; the fact that only statement of police officials have been recorded in the case diary; the fact that shoe stall holder has not been shown as a witness in the chargesheet; and in the facts and circumstances of the case, it is a fit case for bail. Let the accused/applicant Mohd. Afzal Pradhan be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat, J.) Dated 09.04.2009 Shiv