IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 27th day of January 2009 Ist Bail Application No.57 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Furkan S/o Bale R/o Jinderpur, P.S. Kotwali Bijnor District Bijnor (U.P.) ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: January 27, 2009 ____________________________________________________________________ Arising out of Case Crime No.449/2008 Under Sections 379 & 411 IPC P.S. Manglore, District-Haridwar ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Mrs. Pusha Joshi, Advocate for the applicant and Mr. Nandan Arya, Addl. G.A. for the State. In brief, the prosecution case is that on 3.11.2008 at 12:45 P:M the applicant was caught and from his possession one gold chain and Rs.2,000/- cash were recovered. With the same averments, the F.I.R. was lodged by Ravi Prakash (complainant) on 3.11.2008 at 5 P:M. Learned counsel for the applicant has submitted that no identification has taken place of the recovered gold chain till today and even there is no evidence which shows that the money which was recovered from the possession of the applicant was the money of the complainant-Ravi Prakash. Learned counsel for the applicant further submitted that the applicant is in jail since 3.11.2008 and the trial of the case has yet not been started. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Furkan be released on bail on executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. (Dharam Veer, J.) Vacation Judge 27.01.2009 RG