IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 14th day of September, 2009 Bail Application No. 759 of 2009 Order on the Bail Application: CRIMINAL SIDE 1. Shrawan Kumar S/o Bannu Lal R/o Gram Sihailadda Thana Bilari, District Moradabad (U.P.). 2. Kamal Tiwari S/o Nanda Ballabh Tiwari R/o Avas Vikas, Jagatpura, Ward No. 1, Rudrapur, Kotwali Rudrapur, District Udham Singh Nagar. 3. Narendra Singh S/o Dan Singh R/o Gram Pana, P.O. Pana Tehsil Bageshwar. ………… Applicants Versus tate of Uttarakhand ………… Opposite Party S Arising out of Crime No. 20 of 2009 Under Sections: 323, 364 of I.P.C. Police Station: Patwari Kshetra Naib Tehsildar Bhanoli District: Almora. Hon’ble Prafulla C. Pant, J. Mr. Siddhartha Sah, Advocate present for the applicants. Mr. B.S. Parihar, Brief Holder present for the respondent State. Applicants Shrawan Kumar, Kamal Tiwari and Narendra Singh, who are in jail in connection with Crime No. 20 of 2009, relating to offences punishable under Section 323, 364 of the I.P.C., Patwari Kshetra (Naib Tehsildar) Bhanoli, District Almora, have sought their release on bail. Heard learned counsel for the parties. Learned counsel for the applicants drew attention of this Court to statement of Prakash Ram (victim) said to have been abducted (copy of which is part of Annexure –1 to the counter affidavit filed on behalf of the State). The statement of the boy shows that he was 21 years old. He used to work in ‘Krishna Hotel’, Rudrapur. He had come to his village Kauriagarh after taking a mobile of someone. Learned counsel for the applicants argued that it cannot be ruled out that even if the applicants had taken the boy in their vehicle, they might have done so to solve the theft of the mobile phone. Learned Brief Holder for the State concedes that the applicants have no criminal history. Without expressing any opinion as to the final merits of the case, in the above circumstances, this Court is of the view that the applicants deserve bail. Let the applicants Shrawan Kumar, Kamal Tiwari and Narendra Singh be released on bail, on executing a personal bond by each one of them and furnishing two sureties for each one of them, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Almora. [ (Prafulla.C. Pant, J.) Dt. 14.09.2009 H.Negi