1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 4th day of November, 2011 First Bail Application No. 989 of 2011 Criminal Side Bhupendra S/o Shri Mahavir Singh R/o Adarsh Colony Rudrapur P.S. Rudrapur District Udham Singh Nagar …….Applicant (In Jail) Versus State of Uttarakhand ….....Opposite Party Arising out of Case Crime/F.I.R. No.512 of 2005 Under Sections: 380, 457, 411 of I.P.C. Police Station: Rudrapur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. M.K.Ray, Advocate, present for the applicant. Mr. S.S.Adhikari, A. G.A, present for the State. Heard. Applicant– Bhupendra, who is in jail in 2 connection with Crime No. 512 of 2005 (Criminal Case No. 366 of 2011), relating to offences punishable under section 380, 457 and 411 of I.P.C., Police Station Rudrapur, District Udham Singh Nagar, has sought his release on bail. It is a case of spot arrest while committing theft. The crime relates to the year 2005. It appears that the applicant was earlier granted bail. But, in 2007 during trial he absented, and warrants were issued against him but recalled his request. Again in 2008, he absented during trial and on his request subsequent warrants were also recalled. The applicant repeated his performance in the year 2009. Same leniency was again shown to him. Now, this is fourth time, and continuously he remained absent for six dates. In these circumstances he appears to have been taken in to the custody again by the trial court. In the above circumstances, the applicant deserves no mercy in this case. His bail application is liable to be rejected. Accordingly, the bail application is rejected. (Prafulla C. Pant, J.) Dt.04.11.2011 Nahid 3