IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 3rd day of October 2008 IInd Criminal Bail Application No.621 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Tejpal S/o Shri Bhagat Singh R/o Banzarawala, P.S. Buggawala, District Haridwar ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: October 3, 2008 ____________________________________________________________________ Arising out of Case Crime No.99/2007 Under Sections 302, 420, 467, 468, 471, 120B, 201 I.P.C. Police Station Dalanwal, District Dehradun ____________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Sandeep Tandon, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. The first bail application was dismissed as withdrawn on 12.12.2007. In brief, the prosecution case is that on 14.02.2006 at 03:45 p.m., Manjeet Chawla lodged a missing report of her maternal uncle Sardar Pushpendra Singh Duggal in Police Station Dalanwala, District Dehradun. On the basis of this report, Police started the investigation of the case and during the investigation, the Investigating Officer found a Will in favour of the co-accused Kutubuddin. In that Will, the present applicant-Tejpal and Naeem Rahat were shown to be the witnesses. Learned counsel for the applicant submitted that the prosecution has examined eight witnesses in the trial court and none of the witnesses has given evidence against the present applicant. He has further submitted that the main accused of the case, Kutubbudin and the co-accused Mahmood @ Kallu have been released on bail by the order of the Sessions Judge, Dehradun dated 05.09.2008 and the present applicant is also entitled for bail on the basis of parity. It is further submitted that the present applicant in jail since 05.08.2007. 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-Tejpal 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., Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) 03.10.2008 RG