IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 30th day of September 2008 Ist Criminal Bail Application No.853 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Brij Bihari @ Golu S/o Chaman Lal Sharma R/o Mastram Gali Kharki Tehsil & District Haridwar ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: 30th September, 2008 ____________________________________________________________________ Arising out of Case Crime No.217 of 2007 Under Sections 420, 467, 468 I.P.C. P.S. Kotwali Haridwar District-Haridwar ____________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Navneet Kaushik, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. In brief, the prosecution case is that that fabricated Green card of the bus bearing No.BR 19B-2066 was recovered from the possession of Babu Lal, who was driving the bus. Babu Lal has stated that he has received this Green Card from the present applicant-Brij Bihari @ Golu and the co-accused Sanjay Kumar Prajapati. With the same averments, the F.I.R. was lodged by Sri M.M. Jaiswal on 07.05.2007 at 06:20 p.m. in P.S. Kotwali Nagar Haridwar, District Haridwar. Learned counsel for the applicant submitted that the said Green Card which was recovered from the possession of Babu Lal was not prepared by the present applicant and he has not given that Green Card to Babu Lal. He has further submitted that the present applicant was sent to jail on the basis of doubt. He has further submitted that the present applicant is in jail since last three months and the trial of the case has not yet been started and he has got no criminal history before this case. It is further submitted that the co-accused Sanjay Kumar Prajapati has been released on bail by the order of this Court dated 12.02.2008 and the present applicant is also entitled for bail on the basis of parity. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant-Brij Bihari @ Golu be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 30.09.2008 RG