IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 21st day of November, 2011 3rd Bail Application No.20 of 2011 Order on the Bail Application: CRIMINAL SIDE Subhash Chand S/o Rati Ram R/o 1-B/7348, Naveen Nagar, Saharanpur (U.P.) ………Applicant Versus CBI Through Superintendent of Police S PE, Dehradun. …… Opposite Party Arising out of Case Crime No. R.C.0072009A0006 Under Section 420 /w 120B, I.P.C., (CBI) SPE, Dehradun. R Hon’ble Prafulla C. Pant, J. Mr. Aditya Singh, Advocate, present for the applicant. Mr. Arvind Vashistha, Advocate, present for the C.B.I. Heard learned counsel for the parties and perused the affidavit and counter affidavit on record. Applicant Subhash Chand, who is in jail in connection with Crime No. R.C. 0072009A0006 relating to offences punishable under Section 420 I.P.C., read with Section 120B I.P.C. Police Station (C.B.I.) SPE, Dehradun, has sought his release on bail. The first bail application of the applicant was rejected on 8th of December, 2010. The second bail application was rejected on 31st of December, 2010. (The applicant was said to 2 have been arrested on 19.06.2010), This bail application is nominated to this Bench. Learned counsel for the applicant submitted that after the rejection of second bail application, the applicant has spent more than ten months in jail (in all one year and five months in jail), but only three witnesses have been examined so far. It is pleaded that applicant cannot be made languish in jail for an indefinite period. It is further pointed out that after the rejection of second bail application co-accused Sonu and Dinesh with similar role have directed to be released on bail. In view of the above two new grounds, that the co- accused Sonu and Dinesh have been granted bail, and that the applicant had spent more than one year and still the trial has not progressed satisfactorily, this Court is of the view that now applicant deserves bail. Therefore, without expressing any opinion, as to final merits of the case, the third bail application is allowed. Let the applicant Subhash Chand, be released on bail, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the court concerned.(CRMA No. 1296 of 2011, also stands disposed of). (Prafulla C. Pant, J.) 21.11.2011 JM