IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 25th day of September 2008 IInd Criminal Bail Application No.399 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Raksha Pal, S/o Dharam Singh R/o Village Bajawala, P.S. Bajpur, District U.S. Nagar ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: 25th September, 2008 ____________________________________________________________________ Arising out of Case Crime No.853 of 2007 Under Sections 394, 411 I.P.C. Police Station-Gadarpur , District-Udham Singh Nagar. ____________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri A.S. Gill, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. The first bail application was dismissed as not pressed on 31.10.2007. In brief, the prosecution case is this, that on 27.5.2007 at about 7:20 p.m. when the complainant Irshad Ahmed was coming from Gadarpur to Kashipur, two unknown persons committed robbery and snatched a bag from him in which he was having about Rs.1,10,000/- cash, Cash Card and coupon connections. With the same averments, F.I.R. was lodged on 27.5.2007 at 8:15 p.m. in P.S. Gadarpur, District Udham Singh Nagar. Learned counsel for the accused/applicant has submitted that the accused/applicant was arrested by the police on 17.6.2007 and Rs.27,000/- cash and some coupons were shown to be recovered from his possession. He has further submitted that the money, which was shown to be recovered from the possession of the accused/applicant belongs to the accused/applicant, for that he has filed affidavit before this Court that the said money belongs to accused/applicant. Learned brief holder for the State has submitted that the money is disputed since the accused/applicant is claiming the money and has submitted that the money belongs to him whereas the prosecution has submitted that the money belongs to the complainant. He has further submitted that the accused/applicant is in jail since 17.6.2007 and the trial of the present case has not yet been concluded. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant-Raksha Pal 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., Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 25.09.2008 RG