IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 16th day of November, 2011 1st Bail Application No.1023 of 2011 Order on the Bail Application: CRIMINAL SIDE Gautam Singh S/o Bhagwant Singh R/o Village Munimpur, P.S. Thakurdwara, District Moradabad, Uttarpradesh at present R/o Jaspur, P.S. Jaspur, Distt. Udham Singh Nagar, Uttarakhand. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of F.I.R. No.63 of 2011 Under Section 409 I.P.C. Police tation-Jaspur, District- Udham Singh Nagar. S Hon’ble Prafulla C. Pant, J. Mr. Atul Kumar Bansal, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State. Heard. Applicant Gautam Singh, who is in jail in connection with F.I.R. No. 63 of 2011, relating to offence punishable under Section 409 I.P.C., Police Station- Jaspur, District Udham Singh Nagar, has sought his release on bail. Applicant is said to be In-charge Mini Bank of Mahuwa Dabra Cooperative Society, and it is alleged that he deposited Rs. 44,46,427/- but withdrew an amount of Rs. 49,31,539, as such it was alleged by the Assistant Development Officer, (Cooperative Societies) that Rs. 4,85,112/- was embezzled. 2 Learned counsel for the applicant submitted that it is not a case of embezzlement but a case of overdraft amount. It is further submitted that shortage of deposit has already been made good. 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 Gautam Singh, be released on bail, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kashipur. (Prafulla C. Pant, J.) 16.11.2011 JM