IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 20th day of May, 2008 Miscellaneous Application No.966 of 2008 IN CRIMINAL IIND BAIL APPLICATION NO.1385 OF 2007 Order on the Bail application of accused. CRIMINAL SIDE Ajiz S/o Nasru R/o Vill.Majahidpur, Satiwala Majbata, P.S. Buggawala, Distt. Hardwar Applicant (In Jail) Versus State of Uttarakhand -------- Opposite party _______________________________________________ Arising out of Case Crime No.19 of 2007, U/Ss 420/467/468/471 IPC, P.S. Buggawala, Distt. Hardwar Hon’ble Dharam Veer, J. This is the second bail application moved by the applicant. The first bail application was dismissed as not pressed by this Court on 4.12.2007 and that was not dismissed on merit. Heard Sri S.P.S. Panwar, learned senior counsel assisted by Sri Sachin Panwar, learned counsel for the applicant and Sri Harish Pujari, learned Addl. G.A. for the State as well as Sri Mohd. Safdar, learned counsel for the complainant. In brief, the prosecution case is that complainant Smt. Wahidan had executed a sale deed in favour of the present applicant on 7.4.2007 and the sale deed was registered in the office of Sub-Ragistrar, Roorkee on 9.5.2007. The complainant Wahidan lodged the FIR with the allegations that she is a blind lady and she had executed a will in favour of a mosque on 1.10.1996 but the sale deed was executed in favour of the applicant by defrauding her by taking benefit that she is blind lady. The said FIR was lodged in the Police Station Buggawala, Distt. Hardwar on 20.7.2007 at 11:10 A.M. Learned senior counsel for the applicant submitted that the complainant Wahidan also filed a civil suit for the cancellation of the above sale deed in the court of Civil Judge (Junior Division) Roorkee on 30.4.2007 and the FIR against the present applicant was lodged on 20.07.2007. He further submitted that on the basis of sale deed, mutation proceedings had also taken place in the revenue records in favour of the present applicant by the order of Competent Court dated 29.9.2007. The copy of the civil suit has been annexed as Annexure SA3 to the supplementary affidavit; copy of order of mutation dated 29.9.2007 has been annexed as Annexure SA1 to the supplementary affidavit and copy of sale deed has been annexed as Annexure SA2 to the supplementary affidavit filed by the applicant. It was further submitted that the matter is purely civil in nature and the civil suit is also pending in the court of Civil Judge (Junior Division) Roorkee for cancellation of the said sale deed. He further submitted that the applicant has got no criminal history before this case and at present, applicant is the owner of the said land and he has been detained in jail since October, 2007 and the trial of the case has yet not been started. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let applicant Ajiz be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Hardwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 20th May, 2008: Rajeev Dang