IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.868 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Furkan S/o Aflatoon, R/o Rati Mohalla Bandagarh, Kasba Thana Bhawan, Police Station-Thana Bhawan, District Muzafarnagar. --------Applicant (In Jail) Versus State of Uttarakhand --------Opposite Party Arising out of case crime No.13 of 2008 U/Ss. 394,411 I.P.C., P.S. Kotwalil-Roorkee, District- Haridwar. Dated: October 1, 2008 Hon’ble Dharam Veer, J. Heard Sri Manish Arora, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is this that on 10.01.2008 at about 10:00 p.m. when Vijay (brother of the complainant) was going from his clinic to his house then on the way three unknown persons had committed robbery with him and at the time of committing robbery injury was also caused to Vijay (the victim) and a mobile phone no. 9412160542 was also snatched from him. With the same averments, the First Information Report was lodged by Bhojpal Singh at Police Station Kotwali Roorkee, District Haridwar on 11.01.2008 at 00:10 a.m. Learned counsel for the accused/applicant has argued that the above said articles which were shown to be recovered from the possession of the accused/applicant, have not been mentioned in the First Information Report that these items were snatched at the time of committing robbery. It is further submitted that the co-accused Kala has been released on bail by the orders of this Court dated 05.09.2008 therefore, the accused/applicant is also entitled to bail on the basis of party. It is submitted that the accused/applicant is in jail since 30th January 2008; he has got no criminal history before this case and the trial of the case has yet not started. After considering all the fact and circumstances and hearing the learned counsel for the parties, without expressing any opinion about the final merit of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Furkan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Judicial Magistrate, Roorkee, District Haridwar. (Dharam Veer, J.) 01.10.2008 NCM: