IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 1st day of October 2008 Ist Criminal Bail Application No.348 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Harish Prasad S/o Sher Ram R/o Village Timta Police Station Berinag Tehsil Gangolihaat District Pithoragarh ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: 1st October, 2008 ____________________________________________________________________ Arising out of Case Crime No.143/99 and Criminal Case Crime No.100/2008 Under Sections 409, 420, 467, 468, 471 I.P.C. District Pithoragarh ____________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Chetan Joshi, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. In brief, the prosecution case is that the accused/applicant embezzled Rs.18,550/-. With the same averment, the F.I.R. was lodged against him by Inspector, Post Office, Berinag on 31.08.1999 at 7:30 p.m. at Police Station Berinag, District Pithoragarh. Learned counsel for the applicant submitted that he was removed from the service on 20.08.1998 and some amount of embezzlement was shown upon him after the date of removal also, when he was not an employee, which creates a reasonable doubt in the investigation as well as in the contents of the F.I.R. He has further submitted that the applicant is in jail since last ten months and the trial of the case has not yet been started. It is further submitted that the present applicant has got no criminal history before this case. After considering all the facts and circumstances and after perusal of the records available in the file, 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 applicant-Harish Prasad be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Pithoragarh. The bail application is disposed of accordingly. (Dharam Veer, J.) 01.10.2008 RG