IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION First Bail Application No.16 of 2010 Order on the Bail Application of accused CRIMINAL SIDE Afjal S/o Jaheer R/o Village-Badedhi Rajputan, P.S. Bahadrabad District-Haridwar. ...Applicant(In Jail) Versus State of Uttarakhand ….Opposite party Arising out of case crime no.225 of 2008 Under Section 395 I.P.C., Police Station Bhagwanpur, District Haridwar. Dated: January 15, 2010 Hon’ble V.K. Bist, J. Mr. Parikshit Saini, Advocate present for the applicant and Mr. Prabhakar Joshi, Brief Holder for the State. Heard learned counsel for the parties. Learned counsel for the applicant argued that the applicant is not named in the F.I.R. and as per the averments made in the F.I.R., one person i.e. Bhagey is said to have been seen who have committed dacoity in the petrol pump in the intervening night of 2/3.09.2008. He further submitted that the applicant was arrested on 31.03.2009. He further submitted that the only evidence against the applicant is 2 confessional statement of co-accused. He further submitted that the applicant is in jail since 31.03.2009. Having heard learned counsel for the parties and considering the facts and circumstances and perusing the material available on record and also without expressing any opinion on merit of the case, in my opinion the applicant deserves bail at this stage. Let applicant-Afjal be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, concerned. (V.K. Bist, J.) Vacation Judge 15.01.2010 Arti