1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 22nd day of September, 2011 First Bail Application No. 539 of 2011 Criminal Side Anil Thapa S/o Sri Bhim Bahadur Thapa R/o M.C.F. 1702 Gali No.44 Sanjay Colony Sector 23 Faridabad (Haryana) …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No. 44 of 2011 Under Sections: 328, 381, 411 I.P.C Police Station: Dalanwala District: Dehradun Hon’ble Prafulla C. Pant, J. Mr. Karan Anand, Advocate, present for the applicant. Mr. T.C.Aggarwal, Additional G.A., present for the State. Heard. Applicant– Anil Thapa, who is in jail in 2 connection with Crime No. 44 of 2011, relating to offences punishable under section 328, 381 and 411 of I.P.C., Police Station Dalanwala, District Dehradun, has sought his release on bail. Learned counsel for the applicant submitted that applicant's brother Shankar Thapa, who was servant in the house of the victim said to have committed the theft in House No. 23/1, Teg Bahadur Road, Dehradun. The applicant is brother of co accused Shankar Thapa, who lives in Faridabad (Haryana). Police has shown recovery of stolen items from both the brothers. The applicant is in jail for about six months. It is pleaded that applicant has no criminal history. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Anil Thapa, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Dehradun. (Prafulla C. Pant, J.) Dt.22.09.2011 Nahid 3