IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 02nd day of January, 2008 Criminal Bail Application No. 1488 of 2007 Order on the Bail application of accused. CRIMINAL SIDE Praveen Kumar S/o Late Sri Rakma R/o Village Kulhedi P.S. Nukuda, District Saharanpur, Uttar Pradesh ….Applicant (In Jail) Versus State of Uttarakhand ……….Opposite Party ________________________________________________________________ Arising out of Case Crime No.282 of 2007 Under Sections 379/411 IPC, P.S. Bhagwanpur, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Pramod Bailwal, learned counsel for the applicant and Sri Harish Pujari, learned Additional Government Advocate for the State. In brief the prosecution case is that a Bajaj Motor Cycle bearing no.U.A. 08 C 8993 was stolen on 21.11.2007 at 12:30 P.M. from Everest factory. With the same averment, the FIR was lodged by Sri Tasbbur Ahmed on 25.11.2007 at 05:30 P.M. Learned counsel for the applicant has submitted that the said motor cycle was shown to be recovered from the possession of the application on 26.11.2007. He has further submitted that the Motor Cycle was said to be recovered from the public place and there is no public witness shown in the recovery memo. He has further submitted that the present applicant has got no criminal history before this case. Learned Addl. GA has also fails to show any criminal history of the present applicant. 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 Praveen Kumar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction to C.J.M. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) January 02, 2008 ARTI