IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.504 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Afjal ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.169/08 U/Ss 395 and 412 IPC, P.S. Bahadarabad, Distt. Haridwar Dated: December 4, 2009 Hon’ble Dharam Veer, J. Heard Mr. Parikshit Saini, learned counsel for the applicant and Mr. Amit Bhatt, learned Addl. GA for the State. Learned counsel for the applicant argued that the applicant is not named in the FIR and as per the averments made in the FIR, one person i.e. Lateef Chowkidar, is said to have seen the persons who committed the dacoity in the petrol pump in the intervening night of 29/30.9.2008. He further submitted that the applicant was arrested on 31.3.2009 and from his possession four copper coils, one sealed plastic cane of 4 liters and two plastic sealed canes of 1 liter each, both of mobile oil, were recovered. He further submitted that the items recovered from the possession of applicant were not mentioned in the FIR. It was further submitted that the only eyewitness, namely, Lateef, has not supported the prosecution case as he stated before the trial court that on 23.4.2009, the S.O., who had taken him from his house, had shown the photograph of the applicant-accused Afzal and directed him to identify the applicant as a result of which he identified the applicant. He further stated that due to darkness, he could not see anyone. The statement of this witness Lateef has been annexed as Annexure No.SA2 to the supplementary affidavit filed by the applicant. It was further submitted by the applicant that now there is no eyewitness yet to be examined by the prosecution before the trial court and he is in jail since 31.3.2009. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and other material on record as well as on perusal of the counter affidavit and the statement of Lateef annexed as Annexure SA2 to the supplementary affidavit, without expressing any opinion about the final merits of the case, I am of the view that the present applicant deserves bail at this stage. Let the applicant-Afzal be released on bail on his executing a personal bond and also on furnishing two sureties each in the like amount to the satisfaction of CJM, Haridwar. The bail application is disposed of accordingly. (Misc. Appln. No.3298/09 also stands disposed of) (Dharam Veer, J.) 04.12.2009 Rajeev Dang