THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 16th of February, 2006 Bail Application No. 1124 of 2005 Order on the bail application of accused CRIMINAL SIDE Rahul S/o Late Shri Rajendar R/o 79 Tilak Road Police Station – Kotwali District – Dehradun ……… Applicant Versus State of Uttaranchal ………..Opposite Party _____________________________________________________________ In Case Crime No. 281 of 2005 U/s 379, 411 I.P.C. Police Station Kotwali District – Dehradun Hon’ble J.C.S. Rawat, J. Heard Sri Sandeep Tandon, learned counsel for the applicant, learned AGA for the State and perused the record. As per the prosecution case, the incident took place on 09.08.2005 and the report was lodged on 11.08.2005 at about 2:35 PM. Immediately thereafter the accused was arrested and a scooter was recovered from the possession of the accused. It was contended that the report was lodged immediately before the arrest was made. It was contended that the case of the prosecution is un-believable. The case is triable by the Magistrate. Considering the facts and circumstance of the case in totality, it is a fit case for bail. Let the applicant-accused, Rahul be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the CJM concerned. (J.C.S. Rawat, J.) Dated 16.02.2006 Shiv