IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.267 of 2010 Order on the Bail application of accused CRIMINAL SIDE Naseem S/o Saddique ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.310 of 2009, U/s 395/397/412 IPC, P.S. Vikas Nagar, Distt. Dehradun Dated: March 9, 2010 Hon’ble Dharam Veer, J. Heard Sri R.P. Nautiyal, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. Learned counsel for the applicant submitted that he is not named in the FIR and the said incident said to be taken place on 30.10.2009 while the applicant was arrested on 20.11.2009 and no recovery of looted items whatsoever was made from his possession. Learned State counsel has argued that the applicant was arrested on the basis of confession of co-accused. Learned counsel for the applicant submitted that the statement of co-accused was recorded in the police custody which is not admissible as per law. 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 the applicant Naseem be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) 09.03.2010 Rajeev Dang