IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 19th day of November 2009 Ist Bail Application No.669 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Kuldeep .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 280 of 2009, U/s 379/411 I.P.C P.S. Rishikesh, District Dehradun. _______________________________________________________________ November 19, 2009 HON’BLE DHARAM VEER, J. Heard Ms. Prabha Noliyal, learned Counsel for the accused applicant and Sri Amit Bhatt, Additional G.A. for the State. Learned Counsel for accused applicant argued that co-accused Umesh Singh Negi has been granted bail by the order dated 15.7.2009 passed by this Court and the accused applicant is also entitled for bail on the basis of the parity. She further argued that recovery of the stolen motorcycle shown to be made on 27.5.2009 from the possession of the accused applicant is false and fabricated. She also argued that the incident is alleged to have taken place on 25.5.2009 and the FIR was belatedly lodged on 26.5.2009 and no explanation has been furnished for the delay in lodging the FIR. She lastly submitted that the accused applicant is in jail since 27.5.2009 and trial is yet to begin and there is no criminal history against him. Having heard the submissions of learned Counsel for the parties and after considering the facts and circumstances of the case, the contents of the FIR and without commenting upon the final merits of the case, the 2 Court is of the view that the applicant deserves bail at this stage. Let the applicant Kuldeep be released on bail on his executing a personal bond and furnishing of two sureties each in like amount to the satisfaction of Judicial Magistrate, Rishikesh. Bail application is allowed accordingly. (Dharam Veer, J.) 19.11.2009 PRABODH