IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of November 2009 IInd Bail Application No.98 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sandeep S/o Sri Oam Veer Singh .….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 18, 2009 ____________________________________________________________________ Arising out of Case Crime No.26/139/2008 Under Sections 394, 411 and 420 IPC P.S. Vikasnagar, Dehradun ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri S.K. Agarwal, Senior Advocate assisted by Sri S.S. Bhandari, Advocate for the applicant and Sri M.A. Khan, learned brief holder for the State. This is the second bail application moved by the applicant. The first bail application was dismissed on merits on 4.3.2009. Perused the record. Learned Senior Counsel has submitted that the looted Indica Car was shown to be recovered from the possession of present applicant-Sandeep Kumar and two other accused Ashish @ Arvind and Sachin Kumar on 23.9.2008. As per the recovery memo co-accused Ashish @ Arvind was on the driving seat whereas the present applicant and co- accused Sachin were sitting on the back seat. He further submitted that the complainant Ram Pal Singh has been examined in the trial court; he did not support the prosecution case and has declared hostile. He further submitted that the co-accused Ashish Chaudhary has been released on bail vide order dated 10.11.2009 passed by this Court and on the basis of parity, present applicant is also entitled for bail. He further submitted that the applicant is in jail since 23.9.2008 and the trial of the case has yet not been concluded. It is further submitted that the applicant has no criminal history. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Sandeep be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Dehradun. (Dharam Veer, J.) 18.11.2009 RG