IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 21st day of February 2008 Criminal First Bail application no. 104 of 2008 Order on the Bail application of accused person. CRIMINAL SIDE Gul Sher S/o Jahur R/o village Nirdhana, P.S. Charthaval, District Muzaffar Nagar. …Applicant/appellant Versus State of Uttaranchal …Opposite party Arising out of case crime no. 138/2007 U/Ss, 392, 411 I.P.C. Police Station- Bahadrabad, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Lalit Miglani, learned counsel for the applicant/ accused and Sri M.A. Khan, learned Brief Holder for the State and perused the record. The prosecution case, in brief, is that on 27.09.2007 at 04:00 p.m. unknown person has committed theft of an Esteem Maruti Car. Besides it one Mobile phone and Rs. 350/- which were kept inside the Maruti Esteem Car were also taken away. With the same averments a F.I.R. was lodged by Rajeev Sharma on 03.10.2007 at about 4:00 p.m. at Police Station Bahadrabad, district Haridwar. Learned counsel for the applicant has submitted that the accused/applicant was arrested by the police on 17.12.2007 and from the possession of the applicant two stepney tyre and one Dicky cover were said to be recovered. He has further submitted that the said items which were said to be recovered from the possession of the applicant have not been mentioned in the F.I.R. as to be the stolen property of the crime committed on the above date of incident. He has further submitted that the so-called articles were not recovered from the possession of the present accused on the date, time and place of the incident. And lastly it is submitted that the accused is in jail since 17.12.2007 and the trial has yet4 not started. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Gul Sher 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. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) February 21, 2008: NCM: