IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.677 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Jeet Singh S/o Jai Singh ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.604/08 U/S 392/411/216(A) IPC, P.S. Rishikesh, District Dehradun Dated: December 14, 2009 Hon’ble Dharam Veer, J. Heard Mr. Pawan Mishra, Advocate for the applicant and Mr. Amit Bhatt, learned Addl. GA for the State. In brief the prosecution case is that on 19.12.2008, the complainant Ms. Swapnil Vashisth had gone to PNB, Rishikesh to deposit Rs.10,000/-, however due to some reason, she could not deposit the same. At about 1:30 PM when she came out of the bank on the road, then the applicant along with one other co-accused came in a motorcycle from the back and snatched her bag containing Rs.10,000/- in it. However, in a scuffle, the complainant could managed to catch the applicant-accused (who was sitting back) and the applicant fell down from the motorcycle. On hearing the noise, some persons from the vicinity as well as two Constables Ganesh and Ajmer also came there, with the help of whom, the applicant was caught hold on the spot along with the bag containing the money. However, another co-accused could manage to run from there. Later on the complainant brought the applicant-accused at the police station with the help of other persons and police. With these averments, the FIR was lodged by the complainant Swapnil Vashisth on 19.12.2008 at 2:50 PM at P.S. Rishikesh, Distt. Dehradun. A counter affidavit has been filed on behalf of the State in which it is stated the applicant is a habitual offender of these type of cases. Along with the counter affidavit, the criminal history of the applicant has been annexed as Annexure CA3 which is as follows: - 1. Case Crime No.199/08 U/s 379 IPC, P.S. Rishikesh, Dehradun 2. Case Crime No.553/08 U/s 379/511/427 IPC, P.S. Rishikesh, Dehradun 3. Case Crime No.604/08 U/s 392/411 IPC, P.S. Rishikesh, Dehradun 4. Case Crime No.87/09 U/s 2/3 Gangster Act, P.S. Rishikesh, Dehradun From a perusal of the contents of the FIR and other material brought on record, it transpires that the applicant was caught hold by the complainant on the spot with the help of other people which committing the above-said robbery. Further, the applicant is also having a criminal history of four cases out of which one is the present case. From the contents of the FIR and the other material brought on record; considering the fact that the applicant was caught hold on the spot along with the bag containing Rs.10,000/- and also the fact that the applicant is also having criminal history, I am of the view that the applicant does not deserve bail at this stage. The bail application is accordingly rejected. However, the trial court is directed to expedite the trial. (Dharam Veer, J.) 14.12.2009 Rajeev Dang