BAIL APPLICATION 101 of 2010 on 31 December 2010

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Original Jurisdiction

Dated: Nainital: the 31[st] day of December, 2010 II Bail Application No. 101 of 2010

Order on the Bail Application:

CRIMINAL SIDE

Doongar Singh Darmyal S/o Sri Chatur Singh Darmyal R/o Kusumkhera, Haldwani, Nainital District Nainital, Presently Assistant Development Officer Office of Khadi Gram Udhyog, Dehradun District Dheradun.

………… Applicant

VersusState of Uttarakhand ………… Opposite Party Arising out of Case Crime No. 10 of 2009 Under Sections: 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 Police Station: Vigilance Sector District: Dehradun.

Hon’ble Prafulla C. Pant, J.

Mr. Ramji Srivastava, Advocate, present for the applicant.

Mr. M.A. Khan, Brief Holder, present for the State. Applicant Doongar Singh Darmyal, who is in jail in connection with Crime No. 10 of 2009, relating to offences punishable under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, police station Vigilance Sector, District Dehradun, has sought his release on bail.

Heard learned counsel for the parties.

The first bail application was rejected, as not pressed on 13.04.2010, by Hon’ble Mr. Justice Dharam Veer (since expired).

Learned counsel for the applicant submitted that applicant is in jail for last more than one year. It is submitted that amount said to have been received by the applicant as bribe was ` 3,000/-. It is further pointed out that the trial is still at the stage of beginning.

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.

The second bail application is allowed. Let the applicant Doongar Singh Darmyal be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of court concerned.

(Prafulla C. Pant, J.)

Dt. 31.12.2010H.Negi