HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 8th April, 2009 Supplementary Bail Application No. 302 of 2009 Teerath Nath S/o Shiv Pad Gain …….. Applicant Versus State of Uttarakhand …….. Opposite Party In F.I.R. No. 27 of 2009 U/s 406 and 420 I.P.C. Police Station Khatima District Udham Singh Nagar In 1st Bail Application No. 277 of 2009 Order on the bail application of the accused. Teerath Nath S/o Shiv Pad Gain …….. Applicant Versus State of Uttarakhand …….. Opposite Party In F.I.R. No. 27 of 2009 U/s 406 I.P.C. Police Station Khatima District Udham Singh Nagar Hon’ble J. C. S. Rawat, J. Heard Mr. R.S. Sammal, Advocate for the applicant; Mr. H.C. Pujari, Addl. G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; the fact that the F.I.R. discloses that there is a breach of contract & it pertains to civil nature; the outstanding money which was not paid by the accused/applicant to the complainant is merely a breach of contract; Khautani (annexure-4 to the counter affidavit) pertains to village Purnapur in which 58 bighas and 4 bishwas has been shown in the name of Bakshish Singh; in counter affidavit 15 acres of land is in the name of Bakshish Singh whereas rest of the land 58 bighas is in the name of his daughter; the fact that the latest annual register has not been produced before the Court which is maintained under the provision of the Indian Revenue Act; the fact that Khautani, annexure-4 to the counter affidavit belongs to District Nainital; Fasli 1390 and the Khautani has been filed for a period of 1995; the other two khautanis which have been filed belong to different village Khamaria; in the F.I.R. the disputed land belongs to village Purnapur and Jarasu, Pratappur; the fact that there is no averments in the Khautani about the trees standing on the land; and in the facts and circumstances of the case, it is a fit case for bail. Let the applicant-accused Teerath Nath be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. In view of the above, the Bail application and the supplementary bail application are allowed. (J.C.S. Rawat, J.) Dated 08.04.2009 Shiv