1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 3rd day of November, 2011 First Bail Application No. 987 of 2011 Criminal Side Rajesh @ Khushi S/o Hari Singh R/o Mohalla Shivpuri Ward No.7, Laksar, P.S.Kotwali Laksar District Hardwar …….Applicant (In Jail) Versus State of Uttarakhand ...Opposite Party Arising out of Case Crime/F.I.R. No. 164 of 2011 Under Sections: 420 of I.P.C. Police Station: Kotwali Laksar District: Hardwar Hon’ble Prafulla C. Pant, J. Mr. Manish Arora, Advocate, present for the applicant. Mr. S.S.Adhikari, A. G.A, present for the State. Heard. 2 Applicant– Rajesh @ Khushi, who is in jail in connection with Crime No. 164 of 2011, relating to offence punishable under section 420 of I.P.C. Police Station Kotwali Laksar, District Hardwar, has sought his release on bail. Learned counsel for the applicant submitted that the complainant has abused the provision of section 156 (3) of Cr.P.C., by implicating the applicant in a criminal case, in a matter of civil dispute. Admittedly, the applicant executed registered sale deed in favour of the complainant, of the house in question, and delivered the possession of thereof. Not only this, from the First Information Report itself it is clear that loan transaction was also in the knowledge of the complainant at the time of the transfer of the property. In the circumstances, it is pleaded that applicant has not committed any cheating. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant-Rajesh @ Khushi, be released on bail on executing personal bond and furnishing two sureties, 3 each of the like amount, to the satisfaction of Chief Judicial Magistrate, Hardwar. (Prafulla C. Pant, J.) Dt.03.11.2011 Nahid