IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.306 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Arun Kumar Rai S/o Shrikrishan Bhagwan Rai ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: March 16, 2010 ____________________________________________________________________ Arising out of Case Crime No.160 of 2009 Under Sections 420 and 409 IPC, P.S. Lakshar, District Haridwar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri L.P. Naithani, Senior Advocate assisted by Sri Lalit Sharma and Sri Sanjay Bhatt, Advocates for the applicant as well as Sri M.A. Khan, Brief Holder for the State and also perused the record. Learned Senior Counsel has argued that before lodging the FIR no sanction was taken from the Finance Commission and even no audit of the account taken place as is required under the law. It is further argued that on the basis of the contents of the FIR no offence is made out against the applicant. The applicant is government servant. The investigation of the case has been completed and the charge sheet has also been submitted therefore there is no chance of tampering with the evidences. It is pleaded that the applicant is in jail since 14.01.2010 and he has no criminal history. Having considered the submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Arun Kumar Rai be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 16.03.2010 RG