IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 9th Day of May 2008 Criminal Second Bail application no. 256 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Birendra S/o Diwan, R/o Adarsh Colony, Police Station Civil Lines, Moradabad, District Moradabad ... Applicant Versus State of Uttarakhand ...Opposite party Arising out of case crime no.6322/2007 U/Ss, 379/411 I.P.C. Police Station- Haldwani, District Nainital. Hon’ble Dharam Veer, J. Heard Sri Vivek Shukla, learned counsel for the applicant/ accused and Sri Harish Pujari, learned Addl. Govt. Advocate for the State. This is the second bail application moved by the applicant. The first bail application was dismissed as not press on 28.12.2007. The prosecution case, in brief, is this that on 04.10.2007 at 12:30 p.m. at Bank of Baroda, Tikonia, Haldwani in the car no. UA 04 D-2120 Honda City owned by the complainant Sri Subhash Chandra Gupta, a theft of a bag was committed. A sum of Rs. 3,41,000/- were kept inside the bag. With the same averments the complainant lodged a First Information Report on 04.10.2007 at 12:45 p.m. in the Police Station Haldwani. A message in regard to the theft was circulated by the Police in the RT set to the different pickets of the Police and on the basis of this information, the police have arrested the present accused/applicant alongwith the co-accused Mukesh, at Kishanpur within Police Station Haldwani District Nainital and a sum of Rs. 3,00,980/- was recovered from the possession of the accused/ applicant who on inquiry has conceded that the amount so recovered was stolen by him on the same day at 12:30 p.m. from the car owned by the complainant Suhbash Chandra Gupta which was kept standing near Bank of Baroda. Learned counsel for the accused/applicant has argued that the accused is in jail since 7 months’ and the trial of the case has yet not started. There is no one in his house to look after his family members. On the contrary learned Addl. Govt. Advocate has stated that the said amount was stolen by the accused/applicant on 4.10.2007 at 12:30 p.m. and after the arrest was made a sum of Rs. 3,00,980/- was recovered from the possession of the accused/applicant on the same day at 2:30 p.m. A counter affidavit has been filed on behalf of the State in which the criminal history of the accused/applicant has been shown which is reproduced as below:- S.N. Case Crime Under Section Police Station/District, 1. 1288/93 4/25 Arms Act. Civil Lines, Moradabad, 2. 11/98 379 I.P.C. Ashok Vihar, New Delhi, 3. 591/93 41/102 Cr.P.C. Civil Lines, Moradabad, 4. 543/07 4/25 Arms Act Civil Lines, Moradabad, 5. 1570/07 4/25 Arms Act Civil Lines, Moradabad, 6. 44/92 323/504 I.P.C. Civil Lines, Moradabad, 7. 1156/93 398/401 I.P.C. Civil Lines, Moradabad, 8. 253/93 3 Gunda Act Civil Lines, Moradabad, 9. 35/93 41/102 Cr.P.C. Civil Lines, Moradabad, 10. 1356/98 20 N.D.P.S.Act Civil Lines, Moradabad, 11. 1357/98 4/25 Arms Act Civil Lines, Moradabad, 12. 764/99 2/3 Gunda Act. Civil Lines, Moradabad, 13. 539/99 25 Arms Act. Shalimar New Delhi, 14. 25/99 379 I.P.C. Shalimar New Delhi, 15. 81/99 379 I.P.C. Shalimar New Delhi, 16. 70/2000 18 N.D.P.S. Act Civil Lines, Moradabad, 17. 69/2000 25 Arms Act Civil Lines, Moradabad, 18. 1358/98 181,194, 207 M.V.Act. Civil Lines, Moradabad, 19. 2487/06 18/20 NDPS Act Civil Lines, Moradabad, On the basis of this criminal history, learned Addl. Govt. Advocate has stated that the accused is professional criminal and he is committing such type of offences from the last so many years. Considering the facts and circumstances of the case, I am of the view that the accused/applicant does not deserve bail at this stage. Accordingly, the bail application is hereby rejected. (Dharam Veer, J.) NCM: