IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 3rd day of May, 2010 Ist Bail Application No. 475 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Anoop Nair .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 44/2009, U/s 494, 420, 406, 506 IPC, PS Clementown, District Dehradun. May 3, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Ramji Srivastava, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that this is a dispute between wife and husband and due to some misunderstanding the wife has lodged the FIR against the applicant and even if the cheque issued by the applicant is not paid by the bank due to insufficient accounts, then the offence under Section 138 of NI Act is made out against the applicant. He further submitted that the applicant is in jail since 20.8.2009 and the trial has not yet been started. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Anoop Nair be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 3.5.2010 PRABODH 2