IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of November 2009 Ist Bail Application No.1091 of 2009 Order on the Bail application of accused. CRIMINAL SIDE 1. Manish Gautam S/o Late Horam 2. Mohit S/o Ram Pal ….Applicants (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 18, 2009 ____________________________________________________________________ Arising out of Case Crime No.403 of 2009 Under Sections 457, 380 and 411 IPC P.S. Kotwali Manglaur, District Haridwar ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri K.S. Verma, Advocate for the applicants as well as Sri M.A. Khan, Brief Holder for the State and perused the record. Learned counsel for the applicants has submitted that the report of the theft of 24 batteries was lodged on 6.9.2009 at Police Station Manglaur against the unknown persons. He further submitted that on 7.9.2009 the said stolen batteries were recovered from the possession of present applicants-Manish Gautam and Mohit and other co-accused Pradeep whereas two other accused persons namely Munna and Mukesh had run away from the spot. He further submitted that in the recovery memo numbers of 23 batteries were mentioned, however, it was not mentioned in the first information report and as such it is not clear that the batteries which were recovered from the possession of the present applicants and one other co- accused were the same batteries which were stolen in the night of 5/6.9.2009. It is further submitted that the present applicants have no criminal history, they are in jail since 7.9.2009 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 applicants deserve bail at this stage. Let the applicants-Manish Gautam and Mohit be released on bail on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 18.11.2009 RG