HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 29th April, 2009 First Bail Application No. 336 of 2009 Order on the bail application of the accused. Gurudutt Tyagi S/o Sri Mangu Lal Tyagi …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.356 of 2008 U/s 409 I.P.C. Police Station Kotwali Gangnahar, Roorkee District Haridwar Hon’ble J. C. S. Rawat, J. Heard Mr. Jitendra Chaudhary, Advocate for the accused/applicant; Mr. B.S. Parihar, Brief Holder for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; perusal of the allegations made in the FIR against the applicant-accused; perusal of the grounds made in the bail application; perusal of the documents filed by the parties; the fact that co-accused Veer Singh has been released on bail by this Court on 30/03/2009 in BA1 No. 194 of 2009; this is a case of parity, the learned Brief Holder did not dispute that it is a case of parity; and considering the facts and circumstances of the case, I am of view that it is a fit case for bail. Let the applicant-accused Gurudutt Tyagi be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned provided that the applicant may deposit Rs.29,000/-and Rs.14,000/- before the concerned department within a period of one week from today. However, it is made clear that the said deposits shall not prejudice the right of the parties at the time of trial; due credit, if any, will be given on the amount already deposited by the applicant; and if the applicant-accused is acquitted under the charges leveled against him the amount shall stand released according to the directions of the trial court. (J.C.S. Rawat, J.) Dated 29.04.2009 Shiv