IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 8th day of September, 2009 Bail Application No. 767 of 2009 Order on the Bail Application: CRIMINAL SIDE Tajendera Singh S/o Sri Inderjeet Singh R/o House No. 61, Gali No. 5, Ramnagar P.S. Kotwali City, District Patyala (Punjab). ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of Crime No. 115 of 2009 Under Sections: 380, 411, 120-B of I.P.C. Police Station: Pathari District: Haridwar. Hon’ble Prafulla C. Pant, J. Mr. Sanjeev Singh, Advocate present for the applicant. Mr. B.S. Parihar, Brief Holder present for the respondent State. Applicant Tajendera Singh, who is in jail in connection with Crime No. 115 of 2009, relating to offences punishable under Section 380, 411, 120-B of the I.P.C., P.S. Pathari, District Haridwar, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that a Tractor is said to have been stolen and F.I.R. is lodged against unknown persons. Recovery of said Tractor has been shown from three accused namely Tajendera Singh (present applicant), Raj Kumar and Satya Pal. It is further pointed out that the accused Satya Pal has already been directed to be released on bail by the trial court. Learned counsel for the applicant submitted that there is no public witness of the alleged recovery. It is further submitted that as per the prosecution story, 2 Tractor is said to have been stolen by Monu and Ravindra, out of which Ravindra is said to have been directed to be released on bail. It is also contended on behalf of the applicant that the applicant has no criminal history. Said fact is not denied by the State. Learned counsel for the applicant further submitted that at the best it can be said that the applicant was the prospective purchaser of the Tractor. Having considered submissions of learned counsel for the parties, without expressing any opinion as to the final merits of the case, in the above circumstances, this Court is of the view that the applicant deserves bail. Let the applicant Tajendera Singh be released on bail, on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Haridwar. [ (Prafulla.C. Pant, J.) Dt. 08.09.2009 H.Negi