IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 26th day of February 2008 Criminal First Bail application No. 172 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Pawan S/o Bhim Singh Thakur, R/o village Khera, Police Station Sarghana, District Meerut. …Applicant/appellant Versus State of Uttaranchal … Opposite party Arising out of case crime no. 234/07 U/Ss, 392,411 I.P.C. Police Station- Kotwali Manglaur. District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Manish Arora learned counsel for the applicant/ accused and Sri Harish Pujari, learned Addl. Govt. Advocate for the State. The prosecution case, in brief, is that two unknown persons had taken Scorpio No. UA o8F/7172 on 08.07.07 and later on they took that Scorpio from the driver and ran away. It has been stated in the F.I.R. that the driver Manohar Singh can identify the person who had taken the Scorpio from him. With the same averments, a F.I.R. was lodged on 08.07.07 at 10:50 p.m. at Police Station Kotwali Manglaur, District Haridwar. Later on the said Scorpio was recovered by the police in the night of 8/9.07.07 and at the time of the recovery, the present accused was driving the Scorpio and the co accused Pushpendra was sitting beside the seat of the driver. Learned counsel for the applicant has submitted that in the F.I.R. it has been mentioned that driver Manohar Singh, who was present at the time of the incident, can identify the persons who had taken the Scorpio from him, but till today no identification proceeding has been taken place. It is further submitted that the co-accused Pushpendra has been released on 12.10.2007 by the orders of this Court and the present applicant is also entitled to bail on the basis of parity. The accused is in jail since 09.07.2007 and the trial of the case has yet not started. Lastly, it is submitted that the applicant has no criminal history before this case. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Pawan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of J.M., Roorkee, District Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) February 26, 2008: NCM: