IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 27th day of November 2009 Ist Bail Application No.509 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Ompal .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 204 of 2008, U/s 420,406, 467,468 IPC, PS Bahadrabad, District Haridwar. _______________________________________________________________ November 27, 2009 HON’BLE DHARAM VEER, J. Mr. Sanjeev Singh, Advocate for the accused applicant. Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant argued that the present applicant was only a guarantor for the loan which was taken after mortgaging the land and he is not a beneficiary. The said loan was taken by his brother Tejpal and Surinder Kumar for purchasing the tractor and the applicant is not the owner of the tractor and thus not a beneficiary. He only signed as a guarantor without verifying the facts about the land which was mortgaged in favour of the bank for taking the said loan. He further argued that the accused applicant is in jail since March, 2009 and trial is yet to begin. Having considered the submissions of learned Counsel for the parties; perusal of the contents of the FIR and documents filed by the parties; considering the facts and circumstances of the case and without expressing any opinion on the final merits of the case, this Court is of the view that the accused applicant deserves bail at this stage. Let the applicant Ompal be released on bail on his executing a personal bond and furnishing of two sureties each in the like amount to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 27.11.2009 PRABODH 2