IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.36 of 2010 Order on the Bail application of accused CRIMINAL SIDE Akil ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.2808 of 2009, U/s 394/411 IPC, P.S. Kotdwar, Distt. Pauri Garhwal Dated: March 12, 2010 Hon’ble Dharam Veer, J. Heard Sri Kurban Ali, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is that on 13.11.2009, as soon as the complainant Smt. Belma Devi had come after depositing the electricity bill in front of temple situated at Malini Market, the applicant-accused came and gave 3-4 slaps to the complainant and ran away after snatching her golden chain worn by her. The applicant was arrested on the same day and the said chain was also recovered from his possession at 2:30 PM. Learned counsel for the applicant submitted that he has been falsely implicated by the police. On the contrary, learned Brief Holder argued that the applicant accused committed the aforesaid act in the day light and he was also arrested on the same day and the said chain was also recovered from his possession. After considering the above-said facts and circumstances, on hearing learned counsel for the parties, contents of the FIR and other papers available on record and also considering the fact that it is a day light incident occurred in the heart of the city, it is not a fit case where the applicant is entitled for bail. The bail application is liable to be rejected and is accordingly rejected. (Dharam Veer, J.) 12.03.2010 Rajeev Dang