IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 04th day of January, 2008 Criminal Bail Application No. 1425 of 2007 Order on the Bail application of accused. CRIMINAL SIDE Vipin S/o Late Sheesh Pal, R/o Vill. Panyali, P.S. Kotwali Gang Nahar, Roorkee, District Haridwar (U.K.) ….Applicant (In Jail) Versus State of Uttarakhand ……….Opposite Party _________________________________________________________________________________________________________ Arising out of Case Crime No.372 of 2007 Under Sections 379/411 IPC., P.S. Kotwali Roorkee, District Haridwar (U.K.) Hon’ble Dharam Veer, J. Heard Sri Abdul Wahid, learned counsel for the applicant and Sri Harish Pujari, learned Additional Government Advocate for the State. In brief the prosecution case is that on 28.10.2007 at about 2:00 P.M. the present applicant had stolen the scooter of the complainant Rajesh Kumar Nirwal. With the same averments, the FIR was lodged by complainant Rajesh Kumar Niryal, on 31.10.2007 at 9:10 A.M. in Police Station Kotwali Roorkee, District Haridwar. Learned counsel for the applicant has submitted that the applicant is a handicapped person and he was the servant of the complainant Rajesh Kumar Nirwal. He has further submitted that there is the dispute of salary and due to this dispute the applicant has falsely implicated in the above said case. He has further submitted that the said scooter has not been recovered from the possession of the applicant and he has been falsely implicated due to the disputed of salary. He has further submitted that the applicant is in jail since 31.10.2007 and the trial of the case has not yet been started. He has further submitted that the applicant has got no criminal history before this case. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, this court is of the view that the present applicant deserves bail at this stage. Let applicant Vipin be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of J.M. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) January 04, 2008 ARTI