IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 6th day of January, 2011 4th Bail Application No. 08 of 2010 Order on the Bail Application: CRIMINAL SIDE Yashwant Singh Chauhan S/o late Shri Shyam Singh Chauhan R/o Village Kandai, Patti Malla Badalpur, District Pauri Garhwal. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of Crime No. 07 of 2009 (SST No. 56 of 2009) Under Sections: 7 / 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988. Police Station: Vigilance Sector District: Dehradun. Hon’ble Prafulla C. Pant, J. Mr. Sandeep Tandon, Advocate, with Ms. Deepa Arya, Advocate, present for the applicant. Mr. Amit Bhatt, Addl. Government Advocate, present for the State. Applicant Yashwant Singh Chauhan, who is in jail in connection with Crime No. 07 of 2009 (Special Sessions Trial No. 56 of 2009), relating to offence punishable under Section 7 / 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, police station Vigilance Sector, District Dehradun, has sought his release on bail. Heard learned counsel for the parties. 2 The first bail application of the applicant was rejected on 04.12.2009, second bail application on 26.03.2010, and the third on 24.06.2010, by Hon’ble Mr. Justice Dharam Veer (since expired). Learned counsel for the applicant submitted that the new ground for bail is that after rejection of the earlier bail applications, now P.W. 3 Yashwant Singh (complainant) has been examined by the trial court, and he has not supported the prosecution story, and declared hostile. Copy of the certified copy of statement of P.W. 3 Yashwant Singh, recorded on 10.11.2010, is annexed as Annexure –4 to the present bail application. It is also submitted that the applicant is languishing in jail for more than 1½ years, as he was arrested on 28.05.2009. In the above circumstances, in view of the statement of P.W. 3 Yashwant Singh S/o Hari Singh Rauthan (complainant), which was recorded after the rejection of the earlier bail applications, and considering the period for which the applicant is in jail, this court is of the view that now the applicant deserves bail. The fourth bail application is allowed. Let the applicant Yashwant Singh Chauhan be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of court concerned. (Urgency Application No. 51 of 2010 also stands disposed of). (Prafulla C. Pant, J.) Dt. 06.01.2011 H.Negi 3