IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 4th March, 2011 Order on the bail application of accused First Bail Application No. 55 of 2011 CRIMINAL SIDE Mohan Singh Bisht S/o Shri Ganga Singh Bisht R/o Saraswati Vihar, Talli Haldwani, District Nainital Uttarakhand …Applicant Versus C.B.I. Superintendent of Police, S.P.E. Dehradun … Opposite Party Arising out of Case Crime No. R.C. 0072009A0003 Under Sections 120-B read with Sections 419, 420, 467, 468, 471 I.P.C. and Section 13(2) read with Section 13 (1) (d) of Prevention of Corruption Act P.S. C.B.I. Special Police Establishment Dehradun Hon’ble Tarun Agarwala, J. Heard Mr. Sanjay Bhatt, the learned counsel for the applicant and Mr. Arvind Vashist, the learned counsel for the opposite party. Ganesh Singh Gaur had obtained a loan of Rs.14.25 lacs for purchase of a house. It was alleged that the seller was one Sri Hari Nandan. It transpires that an account in the name of Hari Nandan was opened in the bank and the amount of loan was transferred in the account of Hari Nandan i.e. the sale consideration. This amount was withdrawn by Sri Hari Nandan. Upon investigation, it was found that the applicant had opened this fake account in the name of Hari Nandan and had withdrawn the amount. This corroboration is through handwriting expert and the photograph in the account form. This Court by an order dated 29th December, 2010 had allowed the bail application and enlarged Ganesh Singh Gaur on bail subject to certain conditions. Considering the aforesaid fact, the applicant is entitled to be enlarged on bail subject to the conditions that he will deposit a sum of Rs. three lacs before the bank concerned. Once the amount is deposited and a receipt is obtained, only then, the applicant would be enlarged on bail on his executing a personal bond and furnishing two 2 sureties each of the like amount to the satisfaction of the Magistrate concerned. The bail application is allowed. (Tarun Agarwala, J.) Dated 04.03.2011 SP