IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 04th December, 2008 Criminal Bail Application No.831 of 2008 Order on the bail application of accused. CRIMINAL SIDE 1. Veer Sain Jain S/o late Shri Bihari Lal 2. Rishipal S/o late paltu Ram ...Applicants Versus State of Uttarakhand ...Opposite Party Arising out of Criminal Case No.220 of 2008 Under Sections 147, 148, 149, 323, 504, 506, 452, 427 & 436 I.P.C. ROP Shyampur (P.S. Rishikesh) District Dehradun _________________________________________________________ Hon’ble J. C. S. Rawat, J. Heard Mr. Lokpal Singh, Advocate for the applicants Mr. Amit Bhatt, Addl. G.A. for the State and Mr. Deepak Sharma, Advocate vice Mr. Ramji Srivastava, Advocate for the complainant. Perused the record. Learned counsel for the applicants contended that the case has been registered against the present applicants under sections 436 & 395 IPC alongwith some minor offences; perusal of the case diary, particularly the inspection report made by the I.O. immediately after the incident, reveals that the building was damaged, but the I.O. did not find any ashes and there was no mark of burning in the building; perusal of the voter identify card of applicant no.1-Veer Sain Jain reveals that he is an old aged person; the fact that a mobile phone of Rs.10,000/- has been looted by nine accused persons; the mobile-phone is a very small instrument and it could be taken by one person only; and the offence punishable under section 395 IPC is not made out. Learned Addl. G.A. for the State refuted the contention. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; perusal of the injury report reveals that the injuries were simple in nature; and considering the facts and circumstances of the case, I am of view that it is a fit case for bail. Let the applicants-accused be released on bail on executing a personal bond each and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 04.12.2008 LSR