IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 6th day of April, 2010 Ist Bail Application No. 334 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Sachin .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 234/2009, U/s 406 IPC, PS Pathri, District Haridwar. April 6, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Parikshit Saini, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that the incident is said to have happened on 24.12.2009 at 9.30 am and FIR of the said incident was lodged on 25.12.2009 at 4.20 pm and this delay in lodging the FIR is not explained by the prosecution by showing the sufficient cause. He further submitted that the tractor was not recovered from the possession of the accused applicant and no recovery was made on his pointing out. He further submitted that the applicant has got no previous criminal history and he is in jail since 9.1.2010. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Sachin be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 6.4.2010 PRABODH