IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 12th day of February, 2008 Criminal Bail Application No. 118 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Nafees S/o Hikmat, R/o Katkuei, P.S. Amroha Nagar, District J.P. Nagar U.P. .......Applicant(In Jail) Versus State of Uttarakhand .......Opposite Party _______________________________________________________________________________________________________________ Arising out of Case Crime No. 194 of 2006 Under Sections 328/379/411 of I.P.C. P.S. Kotwali Roorkee, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri S.K. Shandilya, learned counsel for the applicant and Sri Harish Pujari, learned Additional GA for the State. In brief the prosecution case is that on 22.06.2006 six unknown persons have robbed the Toyota Qualis bearing no. U.P. 27 D 0977. With the same averments, the F.I.R. was lodged by Sri Mujahid Hussain on 29.06.2006 at 00.20 hours in Police Station Roorkee, District Haridwar. Later on, the applicant was arrested by the police on 15.07.2006 along with co-accused Manoj Verma, Mehboob Ali, Gulfam and Rashid alias Riyajul. Learned counsel for the applicant has submitted that in the recovery memo the said Qualis car was shown to be recovered from the joint possession of all the accused persons. He has further submitted that accused Manoj Verma was driving the said Qualis car at that time. He has further submitted that the co-accused Nazim has been released on bail by this Court on 18.12.2007 and on the basis of parity the present applicant is also entitled for bail. He has further submitted that the applicant is in jail since 15.07.2006 and the trial of the present case has yet not been started. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, the court is of the view that the present applicant deserves bail at this stage. Let applicant Nafees be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) February 12, 2008 ARTI