IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the October 28, 2009 Criminal Bail Application No. 513 of 2009 Order on the bail application of accused CRIMINAL SIDE 1. Noor Mian S/o Ronak Ali 2. Akram S/o Ronak Ali R/o Village Aasur P.S. Alapur District Budaun … Applicants Vs State of Uttarakhand … Opposite Party -------------------------------------------------------------------------------------------- Arising out of F.I.R. No. 07 of 2009 Under Sections 395, 412 of I.P.C. P.S. Chorgalia District Nainital By the court Hon’ble B.C. Kandpal, J The applicants have applied for bail in F.I.R. No. 07 of 2009, under Sections 395, 412 of I.P.C., P.S. Chorgalia, District Nainital. Heard Sri M.S. Pal, learned Senior Advocate, assisted by Sri C.S. Dumka, learned counsel for the applicants, learned A.G.A. for the State and perused the record. The recovery of sum of Rs. 5,300/- from Noor Mian and Rs. 4,700/- from Akram is alleged to have been made by the police on 01.05.2009 when the accused/applicants were arrested. It is also alleged that the theft took place in the night of 17/18.03.2009 in which Rs. 51,000/- was stolen. There is no connecting evidence available on record which may connect the applicants with the actual commission of crime under Section 395 of I.P.C. Therefore, without expressing any opinion on merit of the case, I am of the view that it is a fit case for bail at this stage. Moreover, the applicants are in jail since 02.05.2009 and learned A.G.A. could not show any criminal history of the applicant before me. Let the applicants be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Magistrate concerned. (B.C. Kandpal, J.) 28.10.2009 ASWAL