IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 05th December, 2008 Criminal Bail Application No. 386 of 2008 Order on the bail application of accused CRIMINAL SIDE Phoopad S/o Shri Hari Nath …Applicant Versus State of Uttarakhand …Opposite Party Arising out of Criminal Case No. 42 of 2007 Under Section 395, 397, 412 I.P.C. P.S. Patel Nagar, Dehradun District Dehradun Hon’ble J.C.S. Rawat, J. Hard Mr. Sandeep Tandon, Advocate for the applicant and Mr. Amit Bhatt, Addl. G.A. for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; perusal of the contents of the identification parade conducted by the prosecution; the fact that out of five witnesses, three witnesses have identified the present applicant during the test identification parade; the fact that the ornament, which was looted by the dacoits, was identified by the lady to whom it belonged; perusal of the identification memos of the looted property; and considering the facts and circumstances of the case, I am of view that it is not a fit case for bail. Therefore, the bail application of the applicant is hereby rejected. Rejected. (J.C.S. Rawat, J.) Dated 05.12.2008 LSR