IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION IInd Bail Application No. 104 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Harkewal Singh @ Rinku ……Applicant (In Jail) Versus State of Uttarakhand ………Opposite party Dated: August 17, 2010 ________________________________________________ Arising out of Case Crime/FIR No. 78 of 2010 Under Sections 420/506 of IPC P.S. Bazpur, Udham Singh Nagar ________________________________________________ Hon’ble Dharam Veer, J. This is the second bail application moved on behalf of the applicant. First bail application was dismissed as not pressed on 29.6.2010 and that was not dismissed on merit. Heard R.P. Nautiyal, Advocate for the applicant and Mr. A.S. Gill, Advocate for the complainant as well as Mr. Amit Bhatt, Additional Government Advocate for the State. Learned counsel for the applicant has submitted that on 15.3.2010 the complainant lodged a FIR against the applicant and, on the basis of that FIR, a case has been registered against the applicant. He further submitted that after lodging of that FIR, on the same set of allegations, the complainant has filed a complaint in the court of Judicial Magistrate, Kashipur, u/s 138 of N.I. Act, which is still pending. (Copy of the complaint is annexed with the bail application). It is argued that on the same set of allegations the applicant-accused cannot be prosecuted twice. Having considered the submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this state. Let the applicant Harkewal Singh@Rinku be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 17.8.2010 RG