IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.101 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Prateek S/o Sri S.K. Sharma ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: March 19, 2010 ____________________________________________________________________ Arising out of Case Crime No.135 of 2009 Under Sections 379 and 411 of IPC P.S. Nehru Colony, District Dehradun ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri B.N. Molakhi, Advocate for the applicant and Sri M.A. Khan, Brief Holder for the State and also perused the record. Learned counsel for the applicant submitted that the applicant is not named in the FIR and the motor cycle in question was recovered on 19.8.2009 on the pointing out of co-accused Gaurav and not from the possession of the applicant. Learned Brief Holder submitted that the name of the applicant has come into light on the basis of confessional statement of co-accused Gaurav recorded in the police custody. Learned counsel for the applicant submitted that the statement recorded in the police custody is not admissible as per law. It is pleaded that the applicant is in jail since 14.9.2009. Having considered the submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Prateek be released on bail on his executing personal bond and also on furnishing two sureties in the like amount to the satisfaction of CJM, Dehradun. The bail application as well as Urgency Application No.1058 of 2010 stand disposed of accordingly. (Dharam Veer, J.) 19.03.2010 RG