IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 21st day of February 2008 Criminal Bail Application No. 56 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Vimal Kumar Raghav, S/o Balwant Singh, R/o N-148, Vishu Garden, New Delhi. .......Applicant(In Jail) Versus State of Uttarakhand ......... Opposite Party _____________________________________________________ Arising out of Case Crime No. 560 of 2007 U/Ss. 392/411 I.P.C., P.S. Rishikesh Dehradun, District Dehradun. Hon’ble Dharam Veer, J. Heard Sri K.S. Verma, learned counsel for the applicant and Sri M.A. Khan, learned brief brief holder for the State. In brief the prosecution case is that on 1.10.2007 at 5:15 P.M. two unknown persons have snatched the golden chain from the mother of the complainant. With the same averments, the F.I.R. was lodged by Ritesh Kumar on 1.10.2007 at 8:35 P.M. in Police Station Rishikesh, District Dehradun. Learned counsel for the applicant has submitted that the present applicant was arrested by the police along with co-accused Nagendra Singh and from the possession of the present applicant two golden chains were said to be recovered. He has further submitted that two golden chains were also said to be recovered from the possession of the co-accused Nagendra Singh. He has further submitted that co-accused Nagendra Singh has been released on bail by this Court on 10.12.2007 and on the basis of parity the present applicant is also entitled for bail. He has further submitted that the said chains, which were said to be recovered from the possession of the applicant were not identified as per law and even the identification of the present applicant was not taken place as per law. He has further submitted that the present applicant is in jail since 2.10.2007 and the trial of the case has not yet been started. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant Vimal Kumar Raghav 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. Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) 21.02.2008 Arti