IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 18th day of November, 2011 First Bail Application No. 898 of 2011 Criminal Side Karwa, S/o Kallan R/o Village Nagala Takee Thana Burana, District Muzaffarnagar Uttar Pradesh ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime no. 3 of 2010 Under Section: 396, 412 IPC Police Station Kankhal District Hardwar -______________________________________________________________ Hon’ble Prafulla C. Pant, J. Mrs. Seema Sirohi Sah, Advocate, present for the applicant. Mr. Hariom Bhakuni, Brief Holder, present for the State. Applicant- Karwa who is in jail in connection with crime no. 3 of 2010, relating to offences punishable under section 396, 412 IPC, Police Station Kankhal, District Hardwar, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted -2- that applicant is is in jail for last one and a half year. He has no criminal history as admitted in the counter affidavit. There is no recovery from the applicant. That fact too is admitted in the counter affidavit. Only three witnesses said to have been examined so far. P.W. 1 Avdhesh Kumar has given no incriminating evidence against the present applicant. P.W. 3 Gopal Singh Kanwal has identified correctly only co-accused Sunny and Roshan. It is pleaded that he has not given any evidence against the present applicant. P.W. 2 Pawan Kumar though stated that the accused present in the court were the persons who committed the crime but in the cross examination he stated that the police of Police Station Manglore took this witness to the police station and told that these are the accused who committed the crime. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that applicant deserves bail. The bail application is allowed. Let applicant Karwa be released on bail on executing personal bond , and furnishing two sureties each of the like amount to the satisfaction of the Chief Judicial Magistrate, Hardwar. (Prafulla C. Pant, J.) Parul 18.11.2011