IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 15th day of March, 2010 Urgency Application No. 932/2010 Ist Bail Application No. 173 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Israr @ Parvez .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 207/2009, U/s 379, 411 IPC, PS Vikas Nagar, District Dehradun. _______________________________________________________________ March 15, 2010 HON’BLE DHARAM VEER, J. Mr. B.S. Adhikari, Advocate holding brief of Mr. Shailendra Nauriyal, Advocate for the applicant. Mr. Nandan Arya, AGA for the State. In view of the reasons stated in the accompanying affidavit, urgency application is allowed. Heard on the bail application of the accused applicant. Learned Counsel for the accused applicant argued that the applicant is not named in the FIR and even no recovery has been made from his possession or on his pointing out. He further argued that co-accused Vikas was arrested by the police on 23.7.2009 and on his pointing out, a number of motorcycles were recovered and the present applicant came into light on his statement. He further argued that the co- accused Vikas and Monu have been granted bail by the trial court and the present applicant is also entitled for bail on the basis of parity. He also submitted that the applicant has got no previous criminal history and all the cases have been made against the applicant after his arrest on 15.9.2009 by the police. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of 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 Israr @ Parvez be released on bail on his executing a personal bond and furnishing of two sureties, each in like amount, to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 15.3.2010 PRABODH 2