IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 8th day of December 2009 Ist Bail Application No.983 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Rajesh Kumar Singh S/o Sri Shyamle Singh ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 8, 2009 ____________________________________________________________________ Arising out of Case Crime No.73 of 2009 Under Sections 406 of IPC P.S. Khatima, District Udham Singh Nagar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Vijay Bhatt, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. GA for the State and perused the record. Learned counsel for the applicant has submitted that as per the averments made in the F.I.R. the present applicant has not deposited the money, collected from the distribution of milk, in the society from October 2007 to January 2009. The First Information Report of the said incident was lodged on 1.4.2009. It is submitted on behalf of the applicant that as per the aggrement entered between the parties, no such condition was imposed upon the applicant that he will recover the money from the agent of milk and will deposit the same in the society. It is further submitted that the dispute between the parties is purely civil in nature. The applicant has no criminal history; he is in jail since May 2009 and the trial of the case has yet not started. After considering all the facts and circumstances; hearing learned counsel for the parties; on perusal of the contents of the F.I.R. and other papers available in file, without expressing any opinion about the final merits of the case, this Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Rajesh Kumar Singh be released on bail on his executing personal bond and 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.) 08.12.2009 RG