IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.779 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Mahipal Singh Tomar S/o Om Prakash R/o Quarter No.3, Block-1, Police Colony, P.S. Cantt, District Kanpur (UP) ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: August 19, 2010 Arising out of Case Crime No.747/1982 Under Section 395 of IPC P.S. Kotwali Dehradun, District Dehradun Hon’ble Dharam Veer, J. Heard Mr. D.K. Sharma, Advocate for the applicant and Mr. Amit Bhatt, Additional Government Advocate for the State. Learned counsel for the applicant submitted that the applicant is Sub Inspector in the police. It is further submitted that in connection with the present FIR, on completion of investigation, two times final report has been submitted by the I.O. but on the protest petition of the complainant, the applicant was summoned by the trial court. Later on, the case was transferred from District Dehradun to District Tehri Garhwal. But as the applicant was not aware about transfer of case and that he was also ill and was on leave during that period, therefore, he could not appear before the court below on the date fixed and due to non- appearance, non-bailable warrant was issued against him and thereafter he was sent to jail on 28.7.2010 and since then he is in jail. Learned counsel for the applicant submitted that the applicant is ready to give undertaking that he would appear before the court below on each and every date fixed by the court and will also cooperate in the trial. After considering all the facts and circumstances; on hearing learned counsel for the parties and other papers available on record, 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 Mahipal Singh Tomar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Tehri Garhwal. The bail application is allowed accordingly. (Dharam Veer, J.) 19.8.2010 RG