IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 29th day of September 2008 Ist Criminal Bail Application No.850 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Pushkar Singh, S/o Hukum Singh R/o Satyalok Colony Daheliya, Haldwani, District- Nainital ……Applicant (In Jail) Versus State of Uttarakhand ….….Opposite party Dated: 29th September, 2008 _______________________________________________________________ Arising out of Case Crime No.418 of 2008 Under Sections 392/411 I.P.C. P.S. Haldwani District – Nainital _______________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Vinod Sharma, learned counsel for the applicant and Sri Prabhakar Joshi, learned brief holder for the State. In before, the prosecution case is that on 14.8.2008 at about 8:30 p.m., the accused/applicant committed robbery in the Mahendra Pickup, which was driven by Prakash Arya and at the time of the incident four labourers, namely, Nanhe, Senchury, Vijay and Harish were also on the truck. The accused/applicant looted Rs.1,000/- and one mobile phone Nokia N70. It was further averted that on 15.8.2008, the accused/applicant was arrested by the police and the mobile phone was recovered from his possession. With the same averments, F.I.R. was lodged on 15.8.2008 at 5:10 p.m. Learned counsel for the applicant submitted that the F.I.R. was lodged on 15.8.2008 at 5:10 p.m., i.e., after about 21 hours of the said incident while the distance of the police station from the place of occurrence was 2½ kilometers and there is no explanation about the delay in lodging the F.I.R. He has further submitted that the accused/applicant is an employee in a mobile phone company, for that he has annexed appointment letter as Annexure No.2 along with the bail application. He has further submitted that the mobile phone, which was recovered from his possession, has not been identified as per the law till today. He has further submitted that the accused/applicant is in jail since 15.8.2008 and the trial of the case has not yet been started and the accused/applicant has no criminal history before this case. 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-Pushkar Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Judicial Magistrate, Haldwani. The bail application is disposed of accordingly. (Dharam Veer, J.) 29.09.2008 RG