HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 30th day of August 2005 Second Criminal Misc. Bail Application No.680/2005 Order on the bail application of the accused CRIMINAL SIDE Nandan Singh Bisht S/o late Shri Mohan Singh Bisht R/o Malla Buera Kathgodam District Nainital The Postal Assistant (Ledger Clerk) Head Post Office Haldwani District Nainital ….... Applicant Versus 1. C.B.I., S.P.e. Dehradun 2. Special Judge, C.B.I., Dehradun .…...Opposite Parties Arising out of case crime No.120-B, 467, 468, 471, 409 I.P.C. and Section 13(2) r/w 13(1)(d) P.C. Act 1988 R.C. No.0072003A008 C.B.I. case No.1/2005 P.S. CBI Dehradun District Dehradun Hon’ble J. C. S. Rawat, J. Heard Sri M. M. Tiwari i/b for Sri Vijay Bhatt learned counsel for the applicant and Sri U. K. Uniyal learned senior counsel for the C.B.I. assisted by Sri Shobhit Saharia learned Advocate, and learned A.G.A. for the State. Perused the record. This is the second bail application. The first bail application was rejected on merit. In the present bail application, the new ground has been taken that SB-3 (signature verification report) was not available with the applicant. The applicant could not compare the signature of the depositor. I have gone through the said withdrawal forms, in which it has been indicated that it is certified that the account number was correctly closed and the original SB-3 was not available and the payment has been made to the correct person. This is the certificate given by the Deputy Postmaster. The statement of R.S. Rawat shows that SB-3 was not available as per the report of the Deputy Postmaster. The learned counsel for the applicant contended that it was not possible for the applicant to compare the signature as the SB-3 was not available and the deputy postmaster has already written in the certificate that the payment has been made to the correct person. Considering the facts and circumstances of the case it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Special Judge, C.B.I./Addl. District Judge, Dehradun. Dated 30.8.2005 (J.C.S. Rawat, J.) LSR