IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 03rd February, 2011 Order on the bail application of accused Bail Application No.39 of 2011 CRIMINAL SIDE Sonu S/o Rajendra … Applicant Versus State of Uttarakhand … Opposite Party Arising out of Case Crime No.36/2010 Under Section 380 & 411 IPC P.S. Buggawala District Haridwar Hon’ble Nirmal Yadav, J. Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Prabhakar Joshi, learned Brief Holder for the State. Learned counsel for the applicant contends that the applicant is in custody since November, 2010. It was further submitted that there is no criminal history of the applicant and that he has been falsely implicated in this case on account of village rivalry. Counter affidavit has been filed by the State wherein it has been stated that the applicant is in jail for the last 2½ months and that there is no criminal history of the applicant. Without commenting anything on the merits of the case and considering the facts and circumstances that has been brought on record coupled with the fact that the applicant is in jail for almost 2½ months and that there is no criminal history, this court is of the opinion that the applicant deserves to be enlarged on bail. Consequently, the bail application is allowed. Let the accused-applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the C.J.M., Haridwar. (Nirmal Yadav, J.) Vacation Judge Dated 03.02.2011 Rawat