IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.01 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Nitin Maurya S/o Sri Prem Chand Maurya ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: March 19, 2010 ____________________________________________________________________ Arising out of Case Crime No.71 of 2009 Under Section 379, 411 IPC P.S. Rajpur, District Dehradun ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri U.P.S. Negi, Advocate for the applicant and Sri M.A. Khan, Brief Holder for the State and also perused the record. Rejoinder affidavit filed on behalf of the applicant is taken on record. Learned counsel for the applicant has argued that the applicant is not named in the FIR. He further argued that the alleged motorcycle was not recovered from the possession of the applicant. In the FIR, the number of stolen motorcycle is mentioned as UA 07 S 6897 TVS Sports, however, as mentioned in the recovery memo, the motorcycle which is shown to have been recovered from the possession of the applicant is UA 07 S 679 TVS Star. Learned counsel for the applicant further argued that the applicant is also entitled for bail on the ground that he is juvenile. The said incident took place on 8.10.2009 and his date of birth is 4.3.1992. He has been declared Juvenile in some another case by the order of Juvenile Justice Board, Dehradun dated 23.1.2009. (Copy of order dated 23.1.2009 passed by Juvenile Justice Board is annexed as Annexure RA1 to the rejoinder affidavit.). Hence, he submitted that the applicant is entitled for bail as per Section 12 of the Juvenile Justice Board (Care and Protection of Children) Act, 2000. 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-Nitin Maurya be released on bail and be given in the custody of his mother, if she furnishes a personal bond and two sureties with her personal undertaking that she will not allow the applicant to go in the association with any known criminal or expose him to moral, physical or psychological danger, to the satisfaction of Juvenile Justice Board, Dehradun. The bail application as well as Misc. Application No.211/2010 stand disposed of accordingly. (Dharam Veer, J.) 19.03.2010 RG