IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 23rd day of December 2009 Ist Bail Application No.1166 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Kumar Sharad ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 23, 2009 ____________________________________________________________________ Arising out of Case Crime No.151/2009 Under Section 409 of IPC P.S. Dalanwala, District Dehradun ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Ramji Srivastava, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State and also perused the record. Counter affidavit filed by the State be taken on record. Learned counsel for the applicant has submitted that the present applicant is not named in the FIR. During the course of investigation, the applicant-accused has been arrested on 21.10.2009 from his working place. It is further submitted that the applicant is a Government employee and no alleged article was recovered from his possession. It is further submitted that the applicant has got no criminal history; he is in jail since 21.10.2009 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-Kumar Sharad be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Dehradun. The bail application and Urgency Application No.3467/2009 are disposed of. (Dharam Veer, J.) 23.12.2009 RG