IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of December 2009 Ist Bail Application No.1150 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Rajsingh@Raju@Depender@Neeraj@Kala@Aryan@S Singh ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 18, 2009 ____________________________________________________________________ Arising out of Case Crime No.1664/2007 u/Ss 379, 411 of IPC P.S. Muni ki Reti, District Tehri Garhwal ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri S.K. Shandiliya, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State and also perused the record. Counter affidavit filed by the State be taken on record. Learned counsel for the applicant has submitted that the First Information Report of the theft of vehicle Bolero was lodged by the complainant Joginder Singh Sandhu on 25.9.2007 against the unknown persons. He further submitted that the applicant has not been named in the FIR. He further submitted that on 26.8.2008 the said vehicle Bolero was shown to be recovered from the road in front of the flat of the applicant at Ghaziabad and thereafter the applicant was arrested by the Police. He further submitted that the said Bolero was recovered from the road which is a public place and thus it cannot be said that it was in the possession of the applicant-accused. It is further submitted that the applicant is in jail since 26.8.2008 and the trial of the case has not been concluded. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the F.I.R. and other papers available in file, without expressing any opinion about the final merits of the case, this Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Rajsingh @ Raju @ Depender @ Neeraj @ Kala @ Aryan @ S Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Tehri Garhwal. The bail application and Urgency Application No.3368/2009 are disposed of accordingly. (Dharam Veer, J.) 18.12.2009 RG