IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 7th day of January, 2009 Bail Application No. 13 of 2009 Order on the Bail Application: CRIMINAL SIDE Chandrasen @ Shekher S/o Jai Dayal R/o E –94, Phase 2, Shradapuri, Kankarkhera, Meerut. ………… Applicant Versus S tate of Uttarakhand ………… Opposite Party Arising out of F.I.R. No. 495 of 2008 Under Sections: 406 of I.P.C. Police Station: Kashipur District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Heard Mr. M.K. Goyal, learned counsel for the applicant and Mr. G.S. Sandhu, learned Government Advocate for the State. Applicant Chandrasen @ Shekher, who is in jail in connection with F.I.R. No. 495 of 2008, relating to offence punishable under Section 406 of I.P.C., police station Kashipur, District Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant drew attention of this Court to the first information report, copy of which is Annexure –1 to the affidavit filed with the bail application, which shows that allegation of the complainant against the applicant is that he (accused) took loan of Rs. 2.10 lacs, but did not return the same within three days, as promised by him. Learned counsel for the applicant argued that the allegations made in the F.I.R. at the most constitute a civil liability only. Having heard learned counsel for the parties and after going through the papers on record, this Court is of the view that the applicant deserves bail. Let the applicant Chandrasen @ Shekher be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Additional Chief Judicial Magistrate, Kashipur. (Prafulla.C. Pant, J.) Dt. 07.01.2009 H.Negi