IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 26th November, 2008 Order on the bail application of accused Criminal First Bail Application No.828 of 2008 CRIMINAL SIDE 1. Ashraf Ali S/o Shri Subrati R/o Village Sarwarkhera, P.S. Kunda, Tahsil Kashipur, Distt. Udham Singh Nagar. 2. Zafar Ali S/o Sri Maseeta R/o Vill. Darapur, P.S. Thakurdwara, District Moradabad, U.P. … Applicants Versus State of Uttarakhand ….Opposite Party Arising out of Case Crime No. 350/2008 Under Sections: 420/467/468/471/506/323 IPC. P.S. Kashipur, District U.S. Nagar. & Criminal First Bail Application No.832 of 2008 CRIMINAL SIDE Jameel Ahmad S/o Shri Ameera R/o Village Sarwarkhera, P.S. Kunda, Tahsil Kashipur, Dist. Udham Singh Nagar. … Applicant Versus State of Uttarakhand ….Opposite Party Arising out of Case Crime No. 350/2008 Under Sections: 420/467/468/471/506/323 IPC. P.S. Kashipur, District U.S. Nagar. _______________________________________________________ Hon’ble J.C. S. Rawat, J. Heard Mr. Arvind Vashisth, Advocate for the applicants, Mr. Amit Bhatt, Addl. Government Advocate for the respondent-State & also perused the record. After due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R.; the fact that the applicants Ashraf Ali & Zafar Ali are the attesting witnesses of the sale deed; the learned counsel for the applicants relied upon the decision of the hon’ble Apex Court passed in M.L. Abdul Jabbar Sahib v. H. Venkata Sastri and sons and others reported in AIR 1969 SC 1147 (V 56 C 210) and the decision of the Allahabad High Court passed in Ganga Sahai v. Badrul Islam reported in A.I.R. (29) 1942 Allahabad 330; the aforesaid witnesses have not identified the executor of the sale deed; the fact that the applicant Jameel Ahmad is the son of Peera; according to the land revenue records, the informant-Ibrahim has sold a substantial portion of the land and name of Peera is also recorded in the land revenue record; the learned counsel for the applicants contended that no wrongful loss has been made to the informant as the land did not belong to him, as stated in the F.I.R. and the offence does not come within the purview of Section 420 IPC; the applicant Jameel Ahmad is in jail since 20.08.2008 whereas applicants Ashraf Ali & Zafar Ali are on jail since 18.08.2008; and in the facts & circumstances of the case, I deem it proper to release the accused applicants on bail. Let the accused-applicants 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 26.11.2008 V.K.