IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 19th November, 2008 Criminal Bail Application No. 859 of 2008 Order on the bail application of accused CRIMINAL SIDE Santosh Pathak S/o K. D. Pathak … Applicant Versus State of Uttarakhand ….Opposite Party Arising out of case crime No. 137 of 2008 Under Sections 406, 420, 506 I.P.C. P.S. Bahadrabad District Haridwar _______________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Mr. Manish Arora, Advocate with Mr. Sanjev Singh, Advocate for the applicant, Mr. Amit Bhatt, Addl. Govt. Advocate for the State; and Mr. Vivek Shukla, Advocate for the complainant. Perused the record. Considering the submissions of the learned counsel for the parties; perusal of the contents of the FIR; there is an agreement by which a transaction of Rs.5 lakhs was taken place in between the parties; the said agreement contains a photograph of the complainant; a notice was given to the complainant under the provisions of the Negotiable Instrument Act for the dishonour of the cheque; there is no explanation as to how the photograph of the complainant was received by the applicant; the signature on the agreement has been admitted by the complainant’s counsel before this Court; the plea is only that it was signed on a blank paper; the money as alleged in the FIR was taken as bribe; if the bribe is taken no such document is required; and in the facts and circumstances of the case, I deem it proper to release the applicant on bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 19.11.2008 LSR