IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 16th day of December, 2009 Ist Bail Application No.1226 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Ishrar @ Chotu .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 185 of 2008, U/s 392, 411, 120-B IPC. PS Bahadrabad, District Haridwar. _______________________________________________________________ December 16, 2009 HON’BLE DHARAM VEER, J. Mr. Rajendra Singh, Advocate for the accused applicant. Mr. Amit Bhatt, Addl. G.A. with M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant submitted that the alleged robbery was committed on 24.10.2008 at 4.45 pm within the PS Bahadrabad and the accused applicant was not named in the FIR. He further submitted that the accused applicant was arrested by the police of PS Laksar on 24.1.2009 in connection with other case crime no. 11 of 2009 and thereafter he was taken in police remand by the PS Bahadrabad and during the police remand, Rs. 2500/- has been shown to be recovered on 12.2.2009 from the house of the accused applicant at his own instance. He further submitted that the money recovered is not out of the looted amount and the said money belongs to the accused applicant. He also submitted that the accused applicant has been granted bail by this Court vide order dated 27.10.2009 in case crime no. 11 of 2009 under Section 394, 411, 307/34, 120-B IPC, PS Kotwali Laksar, District Haridwar. He lastly submitted that the accused applicant is in jail since 24.1.2009 and trial is yet to begin. After due consideration of the submissions of the learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record and having regard to the facts and circumstances of the case and without expressing any opinion about the final merits of the case, the Court is of the view that accused applicant deserves bail at this stage. Let the applicant Ishrar @ Chotu be released on bail on his executing a personal bond and furnishing of two sureties each in the like amount to the satisfaction of CJM, Haridwar. Bail application is allowed accordingly. (Dharam Veer, J.) 16.12.2009 PRABODH 2