IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 19th day of November 2009 Ist Bail Application No.991 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Suresh Kumar Saini .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 372 of 2009, U/s 420, 406 I.P.C PS Kotwali, Mangore, District Haridwar. _______________________________________________________________ November 19, 2009 HON’BLE DHARAM VEER, J. Heard Sri Manish Arora assisted by Sri Parikshit Saini, learned Counsel for the accused applicant, Sri Amit Bhatt, Additional G.A. for the State and Sri Rajendra Singh, learned Counsel for the complainant. In brief, the prosecution case is that the accused applicant Suresh Kumar Saini lodged an FIR in PS Kotwali, Manglore on 16.8.2009 with the averment that 72 gas cylinders were stolen from the gas godown, Jhabrera road, Manglore where he was working as Chowkidar and Store In-charge. On the basis of the FIR lodged by him, case crime no. 372/2009 under Sections 454/380 IPC was registered against the unknown persons. Later on the accused applicant was arrested by the police on 26.8.2009 and 24 gas cylinders were recovered from his house and it was alleged that these cylinders were out of those 72 stolen gas cylinders. Learned Counsel for the accused applicant submitted that recovery shown from the house of the accused applicant is false and actually no cylinder was recovered from his house and he has been falsely implicated in this case. He has further submitted that the 2 accused applicant has no criminal history and he is in jail since 26.8.2009 and the trial is yet to begin. Having heard the submissions of learned Counsel for the parties and after considering the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Suresh Kumar Saini be released on bail on his executing a personal bond and furnishing of two sureties each in like amount to the satisfaction of CJM, Haridwar. Bail application is allowed accordingly. (Dharam Veer, J.) 19.11.2009 PRABODH