IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICITON Dated: Nainital the 23rd day of September 2003 Criminal Bail Application No. 776/2003 CRIMINAL SIDE Farooq S/o Gulam Ahmad R/o Sagarh Devliya P.S. Baheri, Distt. Bareilly. .....Applicant Versus State of Uttaranchal ......Opposite Party. ____________________________________________________________ Arising out of case crime No. 3026 of 2001 Under sections 457/380/411 I.P.C. P.S.-Haldwani. District-Nainital. _____________________________________________________________ By the Court Hon’ble Irshad Hussain, J. Heard Sri T.A.Khan, learned counsel for the applicant and learned A.G.A. The applicant-accused was not initially named in the F.I.R. for theft. He was subsequently arrested in connection with another occurrence involving him by the police and as a result of which case under section 307 I.P.C. was also registered. It is the case of the prosecution that during his detention he gave out that he will help in recovering the stolen property. While he was in detention the statement of the applicant-accused was not apparently recorded leading to prove the fact regarding discloser of the stolen property. This is a legal lacuna in the case and therefore it is a fit case for bail. The bail application is allowed. The accused-appellant Farooq shall be released in crime No. 3026/2001 under sections 457, 380, 411, I.P.C. P.S. Haldwani District Nainital on his executing a personal bond and two sureties each in the like amount to the satisfaction of Special Judicial Magistrate Haldwani. Dated: 23.9.2003 ISB