IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No. 862 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Vipin Kumar S/o Telu Ram, R/o village Khanjarpur, P.S. Kotwali Roorkee. District Haridwar. --------Applicant (IN Jail) Versus State of Uttarakhand -------Opposite party Arising out of case crime No. 372 of 2008 U/Ss 380, 411 I.P.C., P.S. Kotwali Roorkee, District- Haridwar. Dated: September 30, 2008 Hon’ble Dharam Veer, J. Heard Sri Manish Arora, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief, the prosecution case is this that scooter Activa No. UA 08 J-8051 belong to the complainant Ankur Goel was stolen by some unknown person on 31.08.2008 when he was not at this home. With the same averments the First Information Report was lodged by the complainant Ankur Goel on 31.08.2008 at 09:15 p.m. at Police Station Kotwali Roorkee, District Haridwar. Learned counsel for the accused/applicant has submitted that the said Scooter was shown to be recovered from the possession of the applicant/accused on 01.09.2008. It is further submitted that the recovery of the said Scooter is shown at a public place, but no public witness is shown in the recovery memo. It is further submitted that no such Scooter was recovered from the possession of the accuse/ applicant and the applicant has been implicated due to the enmity with the complainant Ankur Goel. Lastly, it is submitted that the applicant is in jail since 01.09.2008 and he has got no criminal history before this case. After considering all the fact and circumstances and hearing the learned counsel for the parties, without expressing any opinion about the final merit of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Vipin Kumar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Judicial Magistrate, Roorkee, District Haridwar. (Dharam Veer, J.) 30.09.2008 NCM: