IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 23rd day of December 2009 Ist Bail Application No.1139 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Bimlesh @ Kamlesh ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 23, 2009 ____________________________________________________________________ Arising out of Case Crime No.437/2009 Under Sections 380 and 411 of IPC P.S. Kotwali Dehradun, District Dehradun ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Vivek Shukla, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State and also perused the record. Learned counsel for the applicant has submitted that the the alleged recovery is a fake and foisted one and she has been falsely implicated in the said case due to the dispute with owners of the shop. He further submitted that the applicant has got no previous criminal history. Learned Brief Holder for the State also could not show any criminal history of the applicant. Learned counsel for the applicant further submitted that the applicant is 60 years’ old lady and she is ailing with several diseases. He further submitted that the applicant is in jail since 16.9.2009 and the trial of the case has yet not been started. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the F.I.R. and other papers available in file, without expressing any opinion about the final merits of the case, this Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Bimlesh @ Kamlesh be released on bail on her executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) 23.12.2009 RG