IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 22nd day of September, 2011 1st Bail Application No.540 of 2011 Order on the Bail Application: CRIMINAL SIDE 1. Shanti Swaroop S/o Karan @ Karam Singh 2. Naresh S/o Late Raj Kumar Both R/o Village Shyamnagar, P.S. Kunda District Udham Singh Nagar. ………Applicants Versus tate of Uttarakhand …… Opposite Party S Arising out of F.I.R. No. 50 of 2011 Under Section 457, 380, 411 I.P.C. Police Station-Kunda, District Udham ingh Nagar. S Hon’ble Prafulla C. Pant, J. Mr. Bhupendra Singh Negi, Advocate, present for the applicants. Mr. T.C. Agarwal, Additional G.A., present for the State. Heard. Applicants Shanti Swaroop and Naresh, who are in jail in connection with F.I.R. No. 50 of 2011, relating to offences punishable under Section 457, 380, 411 I.P.C., Police Station- Kunda, District Udham Singh Nagar, have sought their release on bail. Applicants are in jail for more than three months. Recovery is said to have been made from the six accused. Applicants have no criminal history. One Intezar is said to have criminal history. The items said to have been recovered 2 are not mentioned in the First Information Report that the same were stolen. In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicants deserve bail. The bail application is allowed. Let the applicants Shanti Swaroop and Naresh, be released on bail on their executing personal bond by each one of them and furnishing two sureties for each one of them, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kashipur (Misc. Application No. 3342 of 2011, and Urgency Application No.3552 of 2011, stand disposed of). (Prafulla C. Pant, J.) 22.09.2011 JM