IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 6th day of May, 2010 Ist Bail Application No. 451 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Sudhir Uniyal .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Crime No. 81/2009, U/s 120B/420 IPC, PS Raipur, District Dehradun. May 6, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Vinod Sharma, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that the accused applicant had tendered his resignation from the post of President of the said Society and his resignation was also accepted by the Executive Body on 5.5.2008 and communication to this effect was also made to him by the Secretary of the Society vide communication notice dated 10.5.2008. He further argued that the FIR has been lodged on 23.5.2009 and whatever embezzlement alleged to have been done, that has been done by the co-accused Shiv Shankar Tripathi, Secretary of the said Society and the present accused applicant was not at all involved in any embezzlement of money of the farmers. He also submitted that the applicant is 65 years’ old, who is in jail since 8.12.2009 and he has got no previous criminal history. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Sudhir Uniyal be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of Magistrate concerned. 2 Bail application is allowed accordingly. (Dharam Veer, J.) 6.5.2010 PRABODH