IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 21st day of December, 2009 Ist Bail Application No.1102 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Jagdish Ram .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 770 of 2009, U/s 409 IPC. PS Lohaghat, District Champawat. _______________________________________________________________ December 21, 2009 HON’BLE DHARAM VEER, J. Mr. B.S. Adhikari, Advocate for the accused applicant. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. Heard. In brief, the prosecution case is that Rs. 3,78,000/- was sanctioned for construction of the building of a primary school and this amount was transferred in the account of the Village Education Society. But during the course of investigation, it was found that the accused applicant in collusion with co-accused Chandra Shekhar Gatori, Head Master withdrawn an amount of Rs. 2,78,000/- against the work done by him of Rs. 1,86,300/- only. Hence, it has been alleged that the accused applicant has misappropriated Rs. 92,200/-. Learned Counsel for the accused applicant submitted that the arrest of co-accused Chandra Shekhar Gatori in this case has been stayed by this Court. He further submitted that the present accused applicant has no criminal history against him and he is in jail since last three months. After due consideration of the submissions of the learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record and having regard to the facts and circumstances of the case and without expressing any opinion about the final merits of the case, the Court is of the view that accused applicant deserves bail at this stage. Let the applicant Jagdish Ram be released on bail on his executing a personal bond and furnishing of two sureties each in the like amount to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 21.12.2009 PRABODH 2