IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION IInd Bail Application No.46 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Sabir Ali S/o Wajid Ali R/o Ward No.6 Pakka Bagh, P.S. Ganj, District Rampur (U.P.) ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: May 13, 2010 Arising out of Case Crime No.189 of 2008 U/Ss 489-B and 489-C IPC, P.S. Tanakpur, District Champawat Hon’ble Dharam Veer, J. This is the second bail application moved on behalf of the applicant. First bail application was dismissed for non- prosecution on 14.10.2008 and that was not decided on merits. Heard Mr. Rajesh Joshi, Advocate for the applicant as well as Mr. Amit Bhatt, Addl. Government Advocate for the State and also perused the record. Learned counsel for the applicant argued that as per the prosecution story, 65 counterfeit notes of Rs.100 denomination was recovered from the possession of the applicant. He argued that there is no allegation in the FIR that the applicant was found to use or deliver the counterfeit notes, only the recovery of counterfeit notes has been shown from the applicant, which comes under Section 489C and that is a bailable offence. It is pleaded that the applicant is in jail since 31.1.2008 and the trial of the case has not been concluded yet. Having considered the submissions of learned counsel for the parties; perusal of the contents of FIR and other papers available 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 Sabir Ali be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Champawat. Bail application is allowed accordingly. (Dharam Veer, J.) 13.05.2010 RG