IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 12th day of October, 2011 1st Bail Application No.868 of 2011 Order on the Bail Application: CRIMINAL SIDE Shammi Kumar Saxena, S/o Pratap Bhan Saxena, R/o Ward No.-06 Dineshpur, P.S. Dineshpur, District-Udham Singh Nagar. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of F.I.R. No. 147 of 2011, Under Section 409, 420 I.P.C. olice Station- Gadarpur, District –Udham Singh Nagar. P Hon’ble Prafulla C. Pant, J. Mr. D.K.Sharma, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State. Heard. Applicant Shammi Kumar Saxena, who is in jail in connection with F.I.R. No. 147 of 2011, relating to offences punishable under Section 409, 420 I.P.C., Police Station- Gadarpur, District Udham Singh Nagar, has sought his release on bail. Applicant is said to be In-charge fertilizer of Nandpur, Khempur, Kisan Sahkari Samiti. On inspection of 337 bags of urea and 3 bags of DAP were found short. Learned counsel for the applicant pleaded that amount of ` 95, 009/-(price of 335 2 bags of urea and 2 bags of DAP) has already been deposited as is evident from annexure No.2 to the affidavit filed with the bail application. Having considered submissions of learned counsel for the applicant and the learned counsel for the State, without expressing any opinion, as to the final merits of the case, this Court is of the view that the applicant deserves bail. The bail application is allowed. Let the applicant Shammi Kumar Saxena, be released on bail, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) 12.10.2011 JM