IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 19th day of November 2009 Ist Bail Application No.1138 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Shamshad .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 11 of 2009, U/s 394, 307/34, 120-B, 411 I.P.C PS Laksar, District Haridwar. _______________________________________________________________ November 19, 2009 HON’BLE DHARAM VEER, J. Heard Sri Subhash Tyagi, learned Counsel for the accused applicant and Sri Amit Bhatt, Additional G.A. for the State. In brief, the prosecution case is that a robbery was committed on 17.1.2009 at about 3.15 pm from Tapan Singh, son-in-law of the complainant Mange Ram, who lodged the FIR of this incident at 3.45 pm in PS Laksar on the same day against the four unknown persons. Later on Shani Sharma was arrested by the police on the same day i.e. on 17.1.2009 and the money of robbery was recovered from him. He disclosed the name of his companions as Chhotu, Dharam Veer and Ali Driver. Later on Ali was identified as Shamshad i.e. the present applicant and Chhotu was identified as Ishrar. They were arrested by the police on 24.1.2009. Learned Counsel for the applicant submitted that nothing was recovered from the possession of the applicant and another co-accused Ishrar @ Chhotu has been released on bail by the order dated 27.10.2009 passed by this Court. Learned Counsel for the applicant further submitted that charges are similar against the 2 applicant Shamshad and Ishrar @ Chhotu and present applicant is also entitled to get the bail on the basis of the parity. Having heard the submissions of learned Counsel for the parties and after considering the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Shamshad be released on bail on his executing a personal bond and furnishing of two sureties each in like amount to the satisfaction of Judicial Magistrate, Roorkee. Bail application is allowed accordingly. (Dharam Veer, J.) 19.11.2009 PRABODH