HI GH COURT OF UTTARANCHAL AT NAI NI TAL ORI GI NAL JURI SDI CTI ON Dated Nainital the 1st day of August 2005 Bail Ap p licat ion No. 6 6 6 o f 2 0 0 5 Order on the bail application of the accused. CRI MI NAL SI DE Babu Ram S/ o Tungal Singh R/ o Geetanagar Gali no.6.IDPL Veerbhadra, Rishikesh, District Dehradun. …..……….Applicant Ver su s State of Uttaranchal ……..Opposite Party Case Crime No. 87 of 2004 Under Section 409 IPC Police Station – Bhagwanpur District – Haridwar BY THE COURT Hon 'b le J.C.S. Raw at , J. Heard learned counsel for the applicant and learned AGA for the State and perused the record. It has been contended that the said trucks were not reached at the destination. The prosecution has not taken into account as to how many trucks were taken out and it was further contended that there is no entry with regard to the trucks by which the said rice was taken out from the godown. The Investigating Officer has not taken into possession the gate slips by which the truck was taken out from the godown. There is no weighing slip with regard to the rice. It was further contended that the Investigating officer has not taken into possession the gate pass by which the said trucks alleged to have been taken from Roorkee to Bhagwanpur. It was also pointed out that there is no entry of the said trucks, which were carrying from kashipur to Roorkee. There is a check post in between Kashipur and Roorkee at Najjibabad (U.P.- Uttaranchal border). The Investigating Officer has not taken into consideration these entries of the rice. Considering, the totality of the circumstances, it is a fit case for bail. Let the accused-applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate concerned. ( J.C.S. Raw at , J.) Dated 01.08.2005 MPS