IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 28th March, 2011 Order on the bail application of accused Second Bail Application No. 38 of 2011 CRIMINAL SIDE Mukesh Kumar S/o Lt. Jai Prakash Sharma R/o 114, Khari Kuan Hapur Uttar Pradesh …Applicant Versus State of Uttarakhand … Opposite Party Arising out of Crime No. 49/2009 Under Sections 420/467/468/120-B I.P.C. P.S. Clamantown, District Dehradun Hon’ble Tarun Agarwala, J. Heard Sri Yashvir Sethi, the learned counsel for the applicant and Sri S.S. Adhikari, the learned A.G.A. for the State. This is the second bail application. The first bail application was dismissed as withdrawn by an order dated 02.20.2011 in 1st Bail Application No. 1123 of 2010. Having heard the learned counsel for the parties, the basic charge against the applicant is, that towards the sale consideration for execution of a sale deed, a sum of Rs.13 lacs was paid to the seller by way of a bank draft from the account of the applicant. It is alleged that a scanned copy of the bank draft was given and the original bank draft was cancelled and the amount was again credited to the applicant’s account. Without going any further on the merits of the case and without going into the fact that the co-accused has been acquitted, it is hereby directed that in the event, the applicant deposits a sum of Rs.13,00,000/- before the trial court and furnishes two sureties to the satisfaction of the court concerned, the applicant would be enlarged on bail. The amount deposited will be kept in a fixed deposit, which would be the subject to the result of the decision given by the trial court. The second bail application is allowed. (Tarun Agarwala, J.) Dated 28.03.2011 SP