1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 3rd day of November, 2011 First Bail Application No. 983 of 2011 Criminal Side Brij Pal S/o Narain Singh R/o Village Sonakpur P.S.Tanda, District Rampur …….Applicant (In Jail) Versus 1. State of Uttarakhand through S.S.P. Udham Singh Nagar. 2. Circle Officer, C.B.C.I.D, Haldwani Division, Nainital. ...Opposite Parties Arising out of Case Crime/F.I.R. No. 709 of 2005 Under Sections: 406 and 120B of I.P.C. Police Station: Sitarganj District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. Shobhit Saharia, Advocate, present for the applicant. Mr. S.S.Adhikari, A. G.A, present for the State. 2 Heard. Applicant– Brij Pal, who is in jail in connection with Crime/F.I.R. No. 709 of 2005, relating to offences punishable under section 406 and 120B Police Station Sitarganj, District Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant submitted that applicant is not named in the First Information Report. There are three others mentioned therein. The applicant is said to be Center Incharge of Cooperative Society before whom some 15-16 trucks were loaded including truck bearing registration no. UPE6213 with food grains to be delivered to F.C.I., but one of the truck ( UPE 6213) did not reach the destination, and wheat is said to have been misappropriated as it was taken to one Rice Mill. Learned counsel for the applicant pleaded that applicant has no role in criminal misappropriation as it was the transporter and the driver, who did not take the goods loaded to the correct destination. Apart from this, it is also pointed out that transporter has already deposited ` 1,17,962/- towards the loss caused to the society. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. 3 The Bail Application is allowed. Let the applicant- Brij Pal, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Dt.03.11.2011 Nahid