IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 26th day of August, 2009 Bail Application No. 846 of 2009 Order on the Bail Application: CRIMINAL SIDE Viresh Kumar S/o Sri Mahendra Singh R/o Balipur, P.O. Belahar P.S. Kurawari, District Mainpuri (U.P.) ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of Crime No. 655 of 2009 Under Sections: 420, 467, 468, 471 of I.P.C. Police Station: Ranikhet District: Almora. Hon’ble Prafulla C. Pant, J. Mr. Arvind Vashistha, Advocate present for the applicant. Mr. B.S. Parihar, Brief Holder present for the respondent State. Applicant Viresh Kumar, who is in jail in connection with Crime No. 655 of 2009, relating to offences punishable under Section 420, 467, 468, 471 of I.P.C., P.S. Ranikhet, District Almora, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that the allegation in the first information report against the applicant is that he produced a fake certificate of relationship while getting recruited in the Army. He further pointed out that the applicant has not disclosed any false name of his father or of his brother or any other person. It is further argued that from the record itself it is clear that the authority who issued the relationship certificate also mentioned that applicant Viresh Kumar is brother of Rakesh Kumar (No. 14815304 M/ Sep / MT. It is further contended that the applicant had no crimination intention. On the other hand, learned 2 Brief Holder for the State pointed out that date of birth mentioned in the certificate produced by the applicant is different. The applicant already appears to have been discharged from the Army, after detection of false certificate. In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. Let the applicant Viresh Kumar be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Almora. [ (Prafulla.C. Pant, J.) Dt. 26.08.2009 H.Negi 3