IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 3rd December, 2008 Criminal First Bail Application No. 944 of 2008 Order on the bail application of accused CRIMINAL SIDE 1. Balister S/o Laxmi Chand 2. Sonu @ Bhura S/o Balbeer ….Applicants Verus State of Uttarakhand ….Opposite Party Arising out of Criminal Case No. 406 of 2008 Under Section : 394 & 411 I.P.C. P.S. Rishikesh District Dehradun Hon’ble J.C.S. Rawat, J. Heard Mr. Vinod Shrama, Advocate for the applicants and Mr. Amit Bhatt, Addl. G.A. for the state. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; the fact that no looted article was recovered from the possession of the present applicants at the time of their arrest; the looted articles were recovered from the possession of co-accused, namely Mangey, Ashok and Shushil; the fact that no other evidence could be demonstrated by the State; and considering the facts and circumstances of the case, it is a fit case for bail. Let the applicants-accused be released on bail on executing a personal bond each and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 03.12.2008 LSR