IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 11th day of December, 2009 Ist Bail Application No.1214 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Lalu @ Dharmendra & Ors. .…. Applicants (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 13 of 2009, U/s 395 & 412 I.P.C PS Rani Pokhari, Rishikesh, District Dehradun. _______________________________________________________________ December 11, 2009 HON’BLE DHARAM VEER, J. Ms. Prabha Noliyal, Advocate for the accused applicants. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicants argued that the alleged incident is said to have taken place on 10.6.2009 at 10.30 am and the FIR was lodged on the same day at 11 am, but the present applicants have not been named in the FIR. She further submitted that the accused applicants have been arrested by the police on 14.6.2009 and it has been shown that from the possession of accused applicant Raju @ Rajkumar gold earring has been recovered, from the possession of accused applicant Bahadur @ Modi gold locket has been recovered and from the possession of accused applicant Lalu @ Dharmendra, the gold earring has been shown to be recovered. She further stated that no identification has taken place as per law to verify as to whether the items shown to be recovered from the possession of the accused applicants are the same items which were allegedly looted in the dacoity on the date of the incident. She also argued that co-accused Ravi has been granted bail vide order dated 8.12.2009 passed by this Court and the present accused applicants are also entitled for bail on the basis of the parity. After due consideration of the submissions of the learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record and having regard to the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that accused applicants deserve bail at this stage.. Let the applicants Lalu @ Dharmendra, Raju @ Rajkumar and Bahadur @ Modi be released on bail on executing a personal bond by each of them and furnishing of two sureties each in the like amount by each of them to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 11.12.2009 PRABODH 2