IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 05th December, 2008 Criminal Bail Application No. 899 of 2008 Order on the bail application of accused CRIMINAL SIDE Shambhu S/o Shri Budda …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; perusal of identification of the articles which were recovered from the possession of the present applicant; the fact that out of five witnesses, only one witness, viz. Lok Bahadur has identified the present applicant; no other witness of the prosecution has identified the present applicant during the test identification parade; one D.V.D. player was also recovered from the possession of present applicant and, out of several witnesses, only one witness has identified the said DVD player; and considering the facts and circumstances of the case, I am of view that it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 05.12.2008 LSR