IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 9th day of December, 2009 Ist Bail Application No.1206 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sarwan & Another .…. Applicants (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 114 of 2009, U/s 420 & 411 I.P.C PS Kotwali Roorkee, District Haridwar. _______________________________________________________________ December 9, 2009 HON’BLE DHARAM VEER, J. Mr. Manish Arora, Advocate for the accused applicants. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. In brief, the prosecution case is that complainant Govind Singh Bisht lodged an FIR with PS Kotwali Roorkee on 28.3.2009 at 6.55 pm with the averment that Rs. 20,000/- has been illegally withdrawn by somebody from his bank account. Learned Counsel for the applicants accused submitted that as per the FIR, the incident took place on 17.3.2009, but the FIR was lodged after 11 days on 28.3.2009 and this delay of 11 days in lodging the FIR has not been explained, which creates serious doubt about the alleged incident. He further submitted that applicants were arrested on 28.3.2009 and Rs. 10,000/- has been shown to be recovered from the possession of each of the accused applicants, but there is no evidence to show that the money recovered from the accused applicants was the same money which has been alleged to be illegally withdrawn from the account of the complainant at the ATM. He further submitted that co- accused Sudhir Kumar and Guddu @ Kuldeep have been granted bail by this Court vide order dated 20.11.2009 and the present accused applicants are also entitled for bail on the basis of the parity. He lastly submitted that there is no criminal history against the accused applicants, who are in jail since 28.3.2009 and trial is yet to begin. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record and 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 applicants deserve bail at this stage. Let the applicant Sarwan and Amit Kumar be released on bail on executing a personal bond by each of them and furnishing of two sureties each in like amount by each of them to the satisfaction of Judicial Magistrate, Roorkee. Bail application is allowed accordingly. (Dharam Veer, J.) 09.12.2009 PRABODH 2