IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Forth Bail application no. 557 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Rahish Shekh S/o Ishtiak, R/o village Imlakh, P.S. Ketghar, District Moradabad (U.P.) … Applicant Versus State of Uttarakhand … Opposite party Arising out of case crime no. 384/2006 U/Ss, 394, 302, 411 I.P.C. Police Station- Dalanwala, District Dehradun. Dated: June 25, 2008: Hon’ble Dharam Veer, J. Heard Sri K.S. Verma, learned counsel for the applicant/ accused and Sri Harish Pujari, learned Addl. Govt. Advocate for the State. This is the forth bail application moved by the applicant. The 1st and 3rd bail applications were dismissed for want of prosecution on 4.12.2007 & 9.06.2008 respectively and the 2nd bail application was dismissed as not press on 13.12.2007. The prosecution case, in brief, is this that on 27.11.2006 at 7:45 p.m. near Bangali Kothi, Police Station Dalanwala, District Dehradun a robbery was committed by some unknown persons and in this incident Sarwar alias Sonu Shekh had also received firearm injuries. It is alleged that in the F.I.R. that in this robbery; besides the gold and silver a cash amount of Rs. 800/- was robbed. With the same averments, the First Information Report was lodged by Ahmad Shekh, brother of Sarwar alias Sonu Shekh, on 27.11.2006 at 9:30 p.m. at Police Station Dalanwala, District Dehradun against four unknown persons. Learned counsel for the accused/applicant has submitted that lateron the accused/applicant was arrested by the Police and the Investigating Officer took police remand from the Court and on 24.05.2007 in the police remand some ornaments, such as, two pears of PAJEB, one RING, four NAAL PHOOL, one pear of VICHHUWE were said to be recovered on the pointing out of the accused/applicant. It is argued on behalf of the accused/applicant that the accused/applicant was not named in the First Information Report and even the items, which were said to be recovered on the pointing out of the accused/applicant, are not find figure in the First Information Report, robbed from the injured Sarwan alias Sonu 2 Shekh. It is further argued that the items recovered from the accused/applicant were not identified as per the law. Lastly, it is submitted that the applicant is in jail since last more than one year; the trial of the case has yet not started and the accused/applicant has got no criminal history before this crime. 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 Rahish Shekh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) 25.06.2008 NCM: