IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 04 December, 2008 Criminal Bail Application No.955 of 2008 Order on the bail application of accused. CRIMINAL SIDE Prakash S/o Khiraj @ Firoj ...Applicant Versus State of Uttarakhand ...Opposite Party AND Criminal Bail Application No.956 of 2008 Sonu S/o Jaiveer ...Applicant Versus State of Uttarakhand ...Opposite Party Arising out of F.I.R. No.8 of 2008 Under Sections 395, 397, 398, 323, 504, 506 I.P.C. & 3(xi) of S.C./S.T. Act Patti Goniyaro, P.S. Mukteshwar District Nainital ______________________________________________________ Hon’ble J. C. S. Rawat, J. Heard Mrs. Nishant Intezar, Advocate for the applicants and Mr. Amit Bhatt, Addl. G.A. for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; it has been stated that one mobile-phone was taken away by the miscreants, but the recovery of three mobile phones have been shown from different persons; the fact that the applicant-accused is not named in the FIR; the fact that the applicants have not been put for identification parade and this fact is also admitted to the State; the identification of the mobile number has not been made by the police; the mobile phone itself contains its identify as E.M.I.E. Number and in this regard no evidence has been collected by the police; co- accused Ajit has already been released on bail by this Court vide order dated 03.12.2008 passed in B.A. No.971 of 2008; and considering the facts and circumstances of the case, 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