IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.693 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Sadab S/o Khusnur, R/o village Baatnoor, Police Station Falovda, District Meerut. --------Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party _______________________________________________ Arising out of case crime No.38 of 2007 U/Ss. 395,412 I.P.C. P.S.Kotwali Manglore, District- Haridwar. Dated: October 3, 2008 Hon’ble Dharam Veer, J. Heard Sri S.K. Shandilya, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is this that 5 unknown persons have committed dacoity in the house of the complainant on 01.02.2007 at 4:45 a.m. and looted Rs. 33,000/-, some ornaments of gold and silver and some clothes, detail of which is mentioned in the F.I.R. With the same averments, the F.I.R. was lodged by complainant Anil Kumar Pal on 01.02.2007 at 7:30 a.m. at Police Station Kotwali Manglore, District Haridwar. Learned counsel for the accused/applicant has submitted that the present applicant was arrested by the Police on 20th June, 2007 and from his possession two pairs of PAZEB and one MANGALSUTRA was said to be recovered. He has further argued that the recovered items, which are shown to be recovered from the possession of the accused/applicant, were not identified through the prosecution witnesses. It is further submitted that the co-accused Akram has been released on bail by the orders of this Court dated 19th February 2008 and on the basis of the parity, the accused/applicant is entitled to bail. Lastly, it is submitted that the accused/applicant is in jail since 20.06.2007; he has got no criminal history before this case and the trial of the case has yet not started. After considering all the fact and circumstances and hearing the learned counsel for the parties, without expressing any opinion about 2 the final merit of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Sadab be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Haridwar. (Dharam Veer, J.) 03.10.2008 NCM: