IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Second Bail Application No.49 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Ikrar Nada S/o Shafeeq Nada ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.240/07 U/Ss 395/412 IPC, P.S. Kotwali Mangalore, Distt. Haridwar Dated: December 17, 2009 Hon’ble Dharam Veer, J. The first bail application was dismissed for want of prosecution on 9.2.2009 and that was not decided on merits. Heard Mr. S.K. Shandilya, Advocate i/b Mr. Lalit Tewari, Adv. for the applicant and Sri Amit Bhatt, learned Addl. GA for the State. In brief the prosecution case is that some unknown persons committed robbery in the house of complainant Suleman on 16.7.2007 at about 3:20 AM and looted some gold and silver ornaments as mentioned in the FIR. With the same averments, the FIR was lodged by Suleman on 16.7.2007 at 6:30 AM at P.S. Manglore, Distt. Haridwar. Learned counsel for the applicant submitted that on 31.8.2007, the applicant was arrested and on his pointing out on 6.1.2008, one pair of silver Payjeb and one pair of golden earrings were said to be recovered. He further argued that no identification parade has been held so far. Further, the applicant is in jail since 31.8.2007 and the trial has not been concluded. 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 applicant deserves bail at this stage. Let the applicant-Ikrar Nada be released on bail on his executing a personal bond and also on furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 17.12.2009 Rajeev Dang