IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION 1st Bail Application No. 878 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Abdul Mazid .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. R.C. 0072009A0006, U/s 420, 201, 120-B IPC and Section 13 (2) read with Section 13(1)(D) of the Anti Corruption Act and Section 66 of Information Technology Act, PS CBI (SPE), Dehradun. ___________________________________________________________________ November 25, 2010 Hon’ble Tarun Agarwala, J. Heard Smt. Prabha Naithani, the learned Counsel for the applicant and Mr. Vivek Shukla, the learned Counsel for the C.B.I./respondent. Certain fraud was committed by the employees of Bharat Sanchar Nigam Limited by hacking the computer and the telephone exchange and allowing free international calls from certain telephone numbers. The applicant was not named in the FIR. Subsequently, a chargesheet was filed in which the applicant was also not named as an accused. It transpires that a supplementary chargesheet was filed before the trial court in which it has been stated that the applicant was a middle man supplying the telephone numbers, which were unmetered, from Sri Zaidi to Sri Subhash, who are the accused persons. In paragraph 7 of its counter affidavit, the C.B.I. admits that the applicant is not a public servant and contends that the applicant was named by the two accused in their statements made under Section 164 CrPC alleging some kind of connivance of the applicant with the other accused. In the light of the aforesaid, prima facie, without going into the merits of the case, no specific role is assigned to the applicant and the chain of events appears to be incomplete insofar as the circumstantial evidence is concerned. Consequently, at this stage, the Court is of the opinion that the appellant deserves to be enlarged on bail. Consequently, the bail application is allowed. Let the applicant Abdul Mazid be enlarged on bail in Case Crime No. R.C. 0072009A0006, U/s 420, 201, 120-B IPC and Section 13 (2) read 2 with Section 13(1)(D) of the Anti Corruption Act and Section 66 of Information Technology Act, PS CBI (SPE), Dehradun subject to his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of Special Judge, Anti Corruption, C.B.I., Dehradun. (Tarun Agarwala, J.) 25.11.2010 PRABODH