HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 16th April, 2009 First Bail Application No. 146 of 2009 Order on the bail application of the accused. Sonu Halvai S/o Sukhdev Singh …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.325 of 2006 U/S 395, 397, 223, 224, 225 and 12-B I.P.C. Police Station Kotwali Roorkee District Haridwar Hon’ble J. C. S. Rawat, J. Heard Mr. S.K. Shandilya, Advocate for the accused/applicant; Mr. Nandan Arya, A.G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; allegations made against the accused/applicant; the fact that the accused/applicant is the resident of District Firozpur, Punjab; the fact that the incident occurred on 07/11/2006 & the name of the accused/applicant was nominated by co-accused Dilbagh Singh and Jarnail Singh on 27/12/2006 and 26/11/2006 respectively; the accused/applicant was arrested on 02/05/2008; the fact that there is no criminal history of the accused/applicant; the fact that the statement of the injured witnesses, Tajwar Singh, Mohan Thakur and Sakekh Chand who are police personnel were recorded on 23/06/2008 after two years for seeking the involvement of the accused/applicant and got him identified in the court premises after their arrest; actually the police should have put him for identification parade & then the accused/applicant should have been identified by the witnesses; and in the facts and circumstances of the case, it is a fit case for bail. Let the accused/applicant Sonu Halvai be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat, J.) Dated 16.04.2009 Shiv