Uttarakhand High Court
BAIL APPLICATION 147 of 2010 on 31 December 2010
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 31[st] day of December, 2010 II Bail Application No. 147 of 2010
Order on the Bail Application:
CRIMINAL SIDE
Pargat Singh S/o Amrik Singh R/o Buggawala Road, Biharigarh P.S. Biharigarh, District Saharanpur (U.P.)
………… Applicant
VersusState of Uttarakhand ………… Opposite Party Arising out of Case Crime / FIR No. 673 of 2009 Under Sections: 406, 420, 467, 468, 471 of I.P.C. Police Station: Rudrapur District: Udham Singh Nagar.
Hon’ble Prafulla C. Pant, J.
Mrs. Pushpa Joshi, Advocate, with Mr. J.S. Virk, Advocate, present for the applicant.
Mr. M.A. Khan, Brief Holder, present for the State.
Applicant Pargat Singh, who is in jail in connection with Crime / FIR No. 673 of 2009, relating to offences punishable under Section 406, 420, 467, 468, 471 of I.P.C., police station Rudrapur, District Udham Singh Nagar, has sought his release on bail.
Heard learned counsel for the parties.
First bail application was dismissed by Hon’ble Mr. Justice Dharam Veer (since expired) on 16.08.2010, as not pressed.
Learned counsel for the applicant submitted that applicant is not named in the first information report. It is further submitted that co-accused has been granted bail. It is also pointed out that the applicant is in jail for last nine months, and the offence is triable by the Magistrate. There is no criminal history of the applicant.
In the above circumstances, without expressing any opinion as to the final merits of the case, this court is of the view that now, the applicant deserves bail.
Let the applicant Pargat Singh be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar.
The second bail application stands allowed.
(Prafulla C. Pant, J.)
Dt. 31.12.2010H.Negi