IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.93 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Gurudev State of Uttarakhand Versus ..….Applicant (In Jail) …….Opposite party Dated: March 11, 2010 Arising out of Crime No.171 of 2009 Under Sections 394 and 411 of IPC, P.S. Bhagwanpur, District Haridwar Hon’ble Dharam Veer, J. Heard Sri Manish Arora, learned counsel for the applicant and Sri M.A. Khan, Brief Holder for the State and also perused the record. In brief, the prosecution case is that on 8.8.2009 the complainant was riding his motorcycle then two unknown persons stopped him at Mehmadhkala and on the pointing of country made pistol looted the motorcycle and a mobile bearing no.9456552556, Rs.4,000/- and also some important documents from the complainant. With the same averments, complainant Rakam Singh lodged the FIR at P.S. Bhagwanpur on 9.8.2009. On 8.10.2009, the applicant alongwith co-accused was arrested by the police and from their possession above-said looted motorcycle was recovered. Learned counsel for the applicant submitted that the above-said recovery is planted one just to implicate the applicant in the present case. Per contra, learned brief holder for the State submitted that the recovery of motorcycle has been made from the applicant and the co- accused. It is further submitted by the State counsel that one more case of same nature which is registered as Case Crime No.203 of 2009 u/s 379 and 411 IPC at P.S. Pathri is also against the applicant, which proves that the applicant is involved in such type of cases. After considering all the facts and circumstances, on hearing learned counsel for the parties; perusing the contents of the FIR and recovery memo; and looking to the fact that the applicant has criminal history in such type of cases, the Court is of the view that the present applicant does no deserve bail at this stage. The bail application is liable to be rejected and is rejected accordingly. (Dharam Veer, J.) 11.03.2010 RG