HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 24th December, 2010 3rd Bail Application No. 34 of 2010 Order on the bail application of the accused. Arvind Kumar Sharma S/o Late Sri Ram Singh Sharma ……. Applicant Versus State of Uttarakhand …….. Opposite Party In Case Crime No. 15 of 2009 U/S 7, 13 (1) (d) read with 13 (2) Prevention of Corruption Act Police Station Vigilance Sector, Dehradun Hon’ble Tarun Agarwala, J. Heard Shri D.K. Sharma, the learned counsel for the applicant and Shri G.S. Sandhu, the learned Government Advocate for the State. The 1st Bail Application was rejected as not pressed by an order dated 25th March, 2010. The 2nd Bail Application was also rejected by an order dated 6th September, 2010. The Court finds that charge was framed on 21st June, 2010 and, since then innumerable dates have been fixed by the trial court and on each of the dates, the prosecution has taken adjournment and has not produced any witness. The case was last listed on 20th December, 2010 on which date another application was filed by the prosecution for adjournment on the ground of non-availability of their witnesses. The learned counsel for the applicant has submitted that on a perusal of the ordersheet which has been filed as annexure-7 indicates that 13 dates have been fixed and, on each of those dates, adjournment has been sought barring one date when the Presiding Officer was not available and the trial is being adjourned at the behest of the prosecution on account of non-availability of the witness. The applicant is an Assistant Engineer and has been caught in a trap case demanding a sum of ` 20,000/-. Be that as it may. The applicant is behind bars for almost 14 months and more than six months have been elapsed from the date when the charge were framed and the witnesses has not as yet been examined. Considering the aforesaid aspect, the court is of the opinion that the applicant deserves to be enlarged on bail at this stage. Let the applicant be enlarged on bail in Case Crime No. 15 of 2009, U/S 7, 13 (1) (d) read with 13 (2) Prevention of Corruption Act, on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of Magistrate concerned. (Tarun Agarwala, J.) Dated 24.12.2010 Shiv