IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 22nd day of November, 2011 First Bail Application No. 893 of 2011 Criminal Side Pramod, S/o Kaliram R/o 190/24,Mohalla Prempur P.S. Kotwali Muzaffarnagar District Muzaffarnagar ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime no. 263 of 2011 Under Sections: 394, 411, 120B IPC Police Station Kotwali Roorkee District Hardwar -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. S.K. Shandilya, Advocate, present for the applicant. Mr. T.C. Agarwal, A.G.A., present for the State. Applicant- Pramod, who is in jail in connection with crime no. 263 of 2011, relating to offences punishable under section 394, 411, 120B IPC, Police Station Kotwali Roorkee, District Hardwar, has sought his release on bail. Heard learned counsel for the parties. -2- Learned counsel for the applicant pointed out that as per the prosecution story, in the intervening night of 22nd and 23rd July, 2011, co-accused Sanjay, Chhotu and Sandeep said to have entered in the house of the complainant by breaking the grill of the window, they robbed the owner of the house and his family, of their jewelery. It is contended on behalf of the present applicant that applicant is not named, nor identified by the witnesses. Though joint recovery has been shown from the present applicant and other co- accused, learned counsel for the applicant submitted that case of the present applicant is identical to that of co-accused Jogendra who has already been directed to be released on bail. It is further submitted that applicant has no criminal history. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that applicant deserves bail. The bail application is allowed. Let applicant Pramod be released on bail on executing personal bond , and furnishing two sureties each of the like amount to the satisfaction of the Judicial Magistrate, Roorkee. (Prafulla C. Pant, J.) Parul 22.11.2011