IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.280 of 2010 Order on the Bail application of accused CRIMINAL SIDE Hari Narayan Kapoor ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of FIR No.82 of 2009 (Crl. Case No.1289/09) U/s 406/506/420/120-B IPC, P.S. Rudrapur, Distt. U.S. Nagar Dated: March 9, 2010 Hon’ble Dharam Veer, J. Heard Sri D.C.S. Rawat, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State as well as Sri Sanjay Bhatt, learned counsel for the complainant. Learned counsel for the applicant submitted that no amount was due on him to be paid to the complainant and whatever the amount was due, that was in between the complainant and M/s ETS Success International, BURKINAFASO West Africa. A short counter affidavit has been filed today in the Court on behalf of the complainant-Smt. Neetu Bhatia in which it is stated that M/s ETS Success International EBURKINAFASO West Afirca has released the entire payment of shipment dated 16.5.08 and 3.7.2008 and now there is no balance against them, therefore, the deponent does not wish to press the case against the applicant. In paragraph no.6 thereof, it is stated that since the deponent-complainant has received the entire balance amount of USD 37,101, therefore, she does not want to pursue the case registered against the applicant and others. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant Hari Narayan Kapoor be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, U.S. Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 09.03.2010 Rajeev Dang