IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 16th day of December, 2009 1st Bail Application No. 352 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Shahnawaj .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of FIR No. 413 of 2008, U/s 379/411 IPC P.S. Kashipur, District Udham Singh Nagar. _______________________________________________________________ December 16, 2009 HON’BLE DHARAM VEER, J. Heard Mr. Sanjay Bhatt, Advocate for the accused applicant and Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. In brief, the case of prosecution is that on 18.8.2008, complainant Raj Kishor Mishra lodged an FIR with PS Kashipur against the accused applicant and two other co-accused Ikram and Sanjeev Sharma with the averment that his Hero Honda motorcycle was stolen near the roadways bus stand, Kashipur on 4.8.2008. On 29.12.2008, the accused applicant and co-accused Ikram & Sanjeev Sharma were arrested by the police and on the same day several motorcycles including the motorcycle of the complainant were recovered from their possession. Learned Additional G.A. for the State submitted that the accused applicant is a habitual offender of committing the theft and is an active member of the gang involved in the crime of committing the theft of motorcycles in the State of U.P. and Uttarakhand. He further stated that as many as 12 cases of the same nature are registered against the accused applicant in different police stations. The same are reproduced as under: (i) FIR No. 42/2009, u/s 379/411 IPC, PS Kashipur, (ii) FIR No. 6495/2007, u/s 379/411 IPC, PS Kashipur, (iii) FIR No. 608/2008, u/s 379/411 IPC, PS Kashipur, (iv) FIR No. 164/2008, u/s 379/411 IPC, PS Kashipur, (v) FIR No. 591/2008, u/s 379/411 IPC, PS Kashipur, (vi) FIR No. 598/2008, u/s 379/411 IPC, PS Kashipur, (vii) FIR No. 601/2008, u/s 41/102 CrPC and u/s 411/413/414 IPC, PS Kashipur, (viii) FIR No. 524/2008, u/s 307 IPC, PS Mugalpura, Distt. Moradabad, (ix) FIR No. 525/2008, u/s 25 Arms Act, PS Mugalpur, Distt. Moradabad, (x) Case Crime No. 538/2008, u/s 41/102 CrPC & u/s 411 IPC, PS Galshahid, Distt. Moradabad, (xi) Case Crime No. 34/2008, u/s 379/411 IPC, PS Kotwali, Meerut, (xii) Case Crime No. 2577/2007, u/s 379/411 IPC, PS Kotwali, Bareilly. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR and other papers available on record; in view of the criminal history of the accused applicant and in the facts and circumstances of the case, the Court is of the view that there is no ground to enlarge the accused applicant on bail at this stage. The bail application is rejected accordingly. 2 (Dharam Veer, J.) 16.12.2009 PRABODH 3