IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 13th day of April, 2010 Ist Bail Application No. 416 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Rakesh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 411/2009, U/s 420 IPC, PS Kotwali Manglaur, District Haridwar. April 13, 2010 HON’BLE DHARAM VEER, J. Heard Manish Arora, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that the said loan on the basis of which the FIR was lodged against the applicant has been paid to the bank on 29.7.2009 and the Punjab National Bank has issued a ‘No Dues Certificate’, dated 30.7.2009 which is annexed as Annexure No. 6 to bail application where it is stated that Manga Giri and Rakesh have paid the loan and the account is closed on 29.7.2009 and hence security held as Registered Mortgage of agricultural land against the same stands released. On the basis of this, learned Counsel for the accused applicant argued that now no money is due to the bank and the loan taken for the purchase of tractor has been paid. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, no dues certificate and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Rakesh be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of JM, Roorkee. Bail application is allowed accordingly. (Dharam Veer, J.) 13.4.2010 2 PRABODH