IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 18th July, 2008 Criminal First Bail Application No.467 of 2008 Order on the bail application of accused CRIMINAL SIDE Kamlesh Mahar, S/o Sri Arjun Singh Mahar, R/o Kumor, Police Station Pithoragarh, Tehsil & District Pithoragarh, At present Assistant Food Grain Inspector, Pangla, Dharchula, Tehsil Dharchula, District Pithoragarh. … Applicant Versus State of Uttarakhand … Opposite Party Arising out of case crime No.1 of 2008 Under Sections 409, 420 IPC & 3/7 Essential Commodities Act, P.S. Pangla, District Pithoragarh. Hon’ble J.C. S. Rawat, J. Heard Mr. Prabhakar Joshi, Advocate for the applicant, Mr. Nandan Arya, Asst. Government Advocate for the respondent-State and perused the record. The learned counsel for the applicant contended that there is no evidence against the accused-applicant of selling 16 bags of rice to co-accused Kesar Singh, as alleged by the prosecution. It was further contended that only the statement of co-accused Kesar Singh reveals that he purchased these bags of rice from the present applicant. The learned Asst. Government Advocate for the respondent-State refuted the contentions but he could not demonstrate any evidence against the accused applicant. Considering the totality of the facts and circumstances of the case, I am of the view that it is a fit case for bail. Let the accused-applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of magistrate concerned. However, the aforesaid order shall not prejudice the merits of the case during the trial. (J.C.S.Rawat, J.) Dated 18.07.2008 V.K.