IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.531 of 2010 Order on the Bail application of accused CRIMINAL SIDE 1. Nagar Mal Sharma S/o Jisukhlal Sharma R/o Ward No.1, Tanakpur Champawat 2. Rakesh Kumar S/o Nagar Mal Sharma, R/o Ward No.1, Tanakpur Champawat ……….Applicants (In Jail) Versus State of Uttarakhand ------- Opposite party Arising out of Case Crime No.364 of 2007 (Crl. Case No.84/10), U/s 420/467/468/471 IPC, PS Banbasa, Sub-District Shri Purnagiri, Tanakpur, District Champawat Dated: June 7, 2010 Hon’ble Dharam Veer, J. Heard Sri Sudhir Singh, Adv. for the applicant and Sri Amit Bhatt, learned Addl. GA for the State. Learned counsel for the applicant argued that the applicants had purchased the trees on the separate dates and the auction of Rs.9,900/- was made in each and every case. He further submitted that the applicants had purchased the trees in the open auction on the different dates and further, as per the rules, for the auction below Rs.10,000/-, there is no requirement of permission from the higher authorities and there is no need for publication in the newspaper. Further, the applicants are the bonafide purchasers and they have paid the entire amount of the trees and they are not at all involved in the crime with the co-accused Sunil Kumar, who is shown to be the main accused in this case. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage. Let the applicants Nagar Mal Sharma and Rakesh Kumar be released on bail on each of their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Champawat. The bail application is allowed accordingly. 07.06.2010 Rajeev Dang (Dharam Veer, J.)