1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 22nd day of November, 2011 First Bail Application No. 1050 of 2011 Criminal Side Dr. Subhash Bhattacharya S/o Sri Krishan Kumar Bhattacharya R/o 11 Kishan Nagar, Dehradun at present R/o House No. 49, Kishan Nagar, Dehradun District Dehradun …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime No. 289 of 2011 Under Sections: 420, 467, 468, 471, 323, 504 of I.P.C Police Station: Kotwali Dehradun District: Dehradun Hon’ble Prafulla C. Pant, J. Mr. Sandeep Tandon, Advocate, present for the applicant. Mr. S. S. Adhikari, A.G.A., present for the State. Mr. Pawan Mishra, Advocate, present for the 2 complainant. Heard. Applicant–Dr. Subhash Bhattacharya, who is in jail in connection with Crime No. 289 of 2011, relating to offences punishable under section 420, 467, 468, 471, 323 and 504 of I.P.C, Police Station Kotwali, District Dehradun, has sought his release on bail. Learned counsel for the applicant submitted that applicant is bonafide purchaser of the property in question. It is contended that a registered agreement of sale was executed by the father of the complainant, and the property was delivered with possession to the present applicant. Thereafter, a sale deed was executed in compliance of courts decree passed on a suit for specific performance of contract. The present First Information Report has been lodged after a period of eight years of execution of registered agreement of sale. It is pleaded that applicant, who is a officer with Oil and Natural Gas Commission, is innocent, and the complainant has attempted to take undue advantage of the clerical error in the decree passed in the suit 3 which has already been corrected by the court. 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- Dr. Subhash Bhattacharya, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Dehradun. (Prafulla C. Pant, J.) Dt.22.11.2011 Nahid