IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 3rd day of February 2009 Ist Bail Application No.96 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sanjay Paswan S/o Siya Ram Paswan R/o Simri P.S. Simri District Darbhanga, Bihar ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: February 03, 2009 ____________________________________________________________________ Arising out of Case Crime No.264/2008 Under Sections 380, 411 IPC P.S. Cantt, District Dehradun ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri R.K.S. Verma, learned counsel for the applicant and Sri Amit Bhatt, learned Addl. G.A. for the State. In brief, the prosecution case is that on 17.11.2008 theft of some spare parts of the machine was committed from Amitabh Textile Mills Ltd., Premnagar, Dehradun. With the same averments, Uday Shankar Ojha, Assistant Personal Officer of the same factory lodged the FIR at Premnagar, Police Station Cantt, District Dehradun on 17.11.2008 at 1:00 P:M. Learned counsel for the applicant submitted that some spare parts were shown to be recovered from the possession of the applicant on 18.11.2008. He further argued that the description of the stolen spare parts of the machine was not mentioned in the FIR hence, it is not clear that the spare parts, recovered from the possession of the applicant, are the same spare parts whose theft was committed. He further argued that the applicant is in jail since 18.11.2008 and the trial of the case has not yet been started and he has got no criminal history before this case. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Sanjay Paswan 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., Dehradun. (Dharam Veer, J.) Vacation Judge 03.02.2009 RG