IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 14th day of February 2008 Criminal Bail application no. 64 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Devi Prasad Bhatt S/o Dayaram Bhatt, R/o village & P.O. Narkota, District Rudraprayag, Presently Head Master, Primary School, Gadhot. ….Applicant/ appellant Versus State of Uttaranchal … Opposite party Hon’ble Dharam Veer, J. Heard Sri Vijay Khanduri, learned counsel for the applicant/ accused and Sri M.A. Khan, learned Brief Holder for the State. The prosecution case, in brief is that the accused/applicant with the fake signatures of the complainant-Pradhan Balbir Singh has withdrawn money from a Bank at Gairsen. With the same averments a F.I.R. was lodged by Sri Balbir Singh on 19.09.2007 at about 06:05 p.m. at reporting out post Mehal Chauri, P.S. Kotwali Karanprayag, district Chamoli. Learned counsel for the applicant, first of all, has submitted that the applicant is the Headmaster; the account, from which allegation of withdrawn of money has been made, was a joint account in the names of Headmaster and Pradhan, therefore the applicant himself cannot withdraw any amount from such account without obtaining signatures of the other joint account holder i.e. complainant-Balbir Singh. It is further submitted that the applicant did not prepare any false documents even he did not sign any cheque or withdrawal form in the name of Balbir Singh. It is further submitted that no criminal history is against the applicant and he is in jail since 13.12.2007. The trial has yet not started. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Devi Prasad Bhatt be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Chamoli. The bail application is disposed of accordingly. (Dharam Veer, J.) February 14, 2008: NCM: