1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 1st day of August, 2011 First Bail Application No. 489 of 2011 Criminal Side Dharam Singh S/o Balwant Singh R/o Chaurawala, P.S Kakroli, District-Mujjaffarnagar, Uttar Pradesh …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime No.2A / 2011 Under Sections: 420, 467, 468, 471 of I.P.C. Police Station: Kirti Nagar District: District Tehri Garhwal Hon’ble Prafulla C. Pant, J. Mr. Sandeep Kothari, Advocate, present for the applicant. Mr. Nandan Arya, A.G.A, present for the State. Heard. Applicant– Dharam Singh, who is in jail in 2 connection with Crime No. 2A of 2011, relating to offence punishable under section 420, 467, 468 and 471 of I.P.C., police station Kirti Nagar, District Tehri Garhwal, has sought his release on bail. Learned counsel for the applicant submitted that initially Crime No. 2 of 2011 was registered in respect of offences punishable under section 60/72 of U.P. Excise Act, 1910, against the applicant at police station Kirti Nagar, District Tehri Garhwal. The applicant was released on bail in said case. During investigation, it was suspected that the papers of the vehicle in which the liquor was said to be transported were fake, and on its basis another Crime No. 2A of 2011 was registered in respect of offences punishable under section 420, 467, 468, 471 and 120B I.P.C. at the aforesaid police station. Attention of this court is drawn on behalf of the applicant to Annexure-1 filed with the counter affidavit which is statement of the Sub Inspector Jagdish Prasad Pant, who was investigating the Crime No. 2A of 2011. The statement of said witness discloses that during investigation papers of the vehicle were found genuine, but the driving license of the driver was found to be forged. Learned counsel for the applicant submitted that driving license was issued way-back in the year 1996, and in respect of the incident in question, at the most it can be said that the forged document was used 3 by the driver, and it is further contended that the offence punishable under section 471 of I.P.C is a bailable one. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view, that applicant deserves bail. The Bail Application is allowed. Let the applicant- Dharam Singh be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Tehri Garhwal. (Prafulla C. Pant, J.) Dt.01.08.2011 Nahid