1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 13th day of September, 2011 First Bail Application No. 651 of 2011 Criminal Side Brij Kishore S/o Shri Munna Lal R/o C.B. Ganj, Barielly District Bareilly (U.P) …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No. 108 of 2011 Under Sections: 394, 411, 120B I.P.C. Police Station: Gadarpur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. Hari Mohan Bhatia, Advocate, present for the applicant. Mr. Nandan Arya, A.G.A., present for the State. Heard. Applicant– Brij Kishore, who is in jail in connection with Case Crime/F.I.R. No. 108 of 2011, 2 relating to offences punishable under section 394, 411 and 120B I.P.C., Police Station Gadarpur, District Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant drew attention of this court to the statement of complainant Madan Lal recorded under section 161 of Cr.P.C., in which he himself admitted that the amount of Finance Company collected by applicant, and one Rajendra (who were also employees of the Finance Company) was robbed by two unknown persons. It is contented that the applicant himself is robed, and he has committed no crime. Applicant has no criminal history. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Brij Kishore be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Dt.13.09.2011 Nahid 3