IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 23rd day of April, 2010 Ist Bail Application No. 430 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Sanjay Gupta .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 46/2010, U/s 420, 467, 468, 506 IPC, PS Vikas Nagar, District Dehradun. _______________________________________________________________ April 23, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Arvind Vashistha, Advocate for the applicant, Mr. Amit Bhatt, Addl. GA for the State and Mr. HS Dhillon, Advocate holding brief of Mr. Ramji Srivastava, Advocate for the complainant. Learned Counsel for the accused applicant submitted that as per the allegation made in the FIR, the applicant accused executed an agreement to sell in respect of the property in question which was already mortgaged by the applicant Sanjay Gupta prior to the aforesaid agreement to sell. He further submitted that now the parties have entered into compromise. Learned Counsel for the complainant also submitted that parties have entered into compromise and he does not want to oppose the bail application of the accused applicant. He also filed an affidavit of Manjeet Singh, the complainant in this regard and further stated that the dispute is now over. Learned Counsel for the applicant submitted that the applicant is in jail since about last two months. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, affidavit filed by the complainant and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Sanjay Gupta 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.) 23.4.2010 PRABODH 2