IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of December 2009 Ist Bail Application No.1237 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sachin Kapari @ Bhairab Datt Kapari ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 18, 2009 ____________________________________________________________________ Arising out of Case Crime No.789/2009 u/Ss 435, 436 and 504 of IPC P.S. Lohaghat, District Champawat ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Sanjay Bhatt, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State and also perused the record. Learned counsel for the applicant has submitted that as per the avements made in the FIR on 18.8.2009 at about 09:45 PM the complainant saw the light in his verandah and when he came outside he saw that his motorcycle was being burnt. When he raised shout then he saw the applicant running towards the field. The FIR of the said incident was lodged on 19.8.2009 at 08:45 AM and consequently thereafter on 20.8.2009 the applicant was arrested by the Police. Learned counsel for the applicant argued that no allegations of mischief by fire or explosive substance with intent to destroy house etc. has been made in the FIR against the applicant, hence, no offence u/s 436 IPC is made out against the applicant. He further submitted that as per the allegations made in the FIR only offence u/Ss 435 and 504 are made out against the applicant which are the bailable offences. It is further submitted that the applicant has got no criminal history; he is in jail since 20.8.2009 and the trial of the case has yet not been started. 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-Sachin Kapari @ Bhairab be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Champawat. The bail application is disposed of accordingly. (Dharam Veer, J.) 18.12.2009 RG