IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 24 th day of December, 2009 Urgency Application 3536/2009 Ist Bail Application No.1105 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Atul .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 316 of 2009, U/s 365, 394 I.P.C PS Bhatrochkhan, District Almora. _______________________________________________________________ December 24, 2009 HON’BLE DHARAM VEER, J. Mr. R.V.S. Khokher, Advocate for the accused applicant. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. In view of the reasons stated in the urgency application, the same is allowed. Heard on the bail application. Learned Counsel for the accused applicant submitted that the applicant is not named in the FIR and even no recovery has been made from his possession at the time of his arrest. No identification parade has been held so far and the applicant is in jail since 31.8.2009 and trial is yet to begin. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record and in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Atul be released on bail on his executing a personal bond and furnishing of two sureties each in like amount to the satisfaction of CJM, Almora. Bail application is allowed accordingly. (Dharam Veer, J.) 24.12.2009 PRABODH