IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 15th day of February 2008 Criminal Bail Application No. 74 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Pankaj S/o Sri Anil Kumar, R/o House no. 325 Heerapur Nagar Jhansi, District Jhansi, Uttar Pradesh. ………………...Applicant / appellant Versus State of Uttarakhand ---------Opposite party Arising out of Case Crime No. 254 of 2007 U/Ss 392, 393, 411,IPC Police Station Ranipur, District Haridwar. Hon’ ble Dharam Veer, J. Heard Sri Manish Arora, learned counsel for the applicant/ accused and Sri M.A. Khan, learned Brief Holder for the State. The prosecution case, in brief, is that three unknown robbers have committed robbery and have looted a golden chain, mobile and Rs. 3,000/- on 02.09.2007 at Collectorate Chauraha, Roshanabad, Police Station Ranipur, district Haridwar. With the identical averments a first information report in this regard was lodged by Police Constable Arvind Kumar on the same day at about 10.10 p.m. at Police Station Ranipur, district Haridwar against three unknown persons. Learned counsel for t he applicant, first of all, has submitted that lateron the accused was arrested by the police on 03.09.2007 and on his pointing out the said looted items were recovered from the house of Gaurav in the presence of mother of the co-accused Gaurav Smt. Geeta. Learned counsel for the application has further submitted that the police have not shown any recovery from the possession of the applicant, rather the recovery has been made from the house of co-accused Gaurav. The recovered articles have yet not been identified according to the prescribed procedure. It is further submitted that the accused is jail since 03.09.2007; the trial has yet not started. It is further submitted that prior to this case, the applicant has not got any criminal history. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Pankaj be released on bail on his executing a personal and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. The bail application is disposed of accordingly. February 15,2008 (Dharam Veer, J.) NCM: