HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 8th April, 2009 First Bail Application No. 263 of 2009 Order on the bail application of the accused. Sonu S/o Pallaram …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.164 of 2008 U/s 386 I.P.C. Police Station Gangnehar Roorkee District Haridwar Hon’ble J. C. S. Rawat, J. Heard Mr. Manish Arora, Advocate for the applicant and Mr. Nandan Arya, A.G.A. for the State and perused the record. After due consideration of the submissions of the learned counsel for the parties; the contents of the FIR and recovery memo; the fact that the prosecution could not demonstrate the call records of the telephone number by which the calls were made; it is stated in the furd recovery that the mobile phone was recovered from the possession of the accused Neeraj which was used by all three accused persons; when the recovery of mobile phone was made two other accused persons were also apprehended alongwith the present applicant; co-accused Kuldeep and Neeraj have already been released on bail by this Court vide orders dated 19.09.2008 and 12.12.2008 passed in B.A. No.763 of 2008 and 928 of 2008 respectively; and considering the facts and circumstances of the case, it is a fit case for bail. Let the accused/applicant Sonu be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Judicial Magistrate, Roorkee. (J.C.S. Rawat, J.) Dated 08.04.2009 Shiv