IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.437 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Jagmohan Singh Rawat S/o Kalayan Singh Rawat R/o A-145, Nehru Colony, P.S. Nehru Colony, Dehradun ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: April 19, 2010 Arising out of Case Crime No.74/2004 Under Sections 406/420 of IPC P.S. Kotwali Sadar Dehradun, District Dehradun Hon’ble Dharam Veer, J. Heard Mr. Nagesh Aggarwal, Advocate for the applicant as well as Mr. Amit Bhatt, Additional Government Advocate for the State and also perused the record. Learned counsel for the applicant submitted that the dispute is purely of civil nature. He further submitted that on the basis of averments made in the First Information Report only the offence u/s 138 of N.I. Act is made out against the applicant. He further submitted that the complainant S.S. Bisht did not approach to Laxman Singh Negi who had the liability to pay the said amount. Further, as per the evidence collected by the I.O., the applicant is not responsible for payment of the said amount. It is pleaded that the applicant has got no previous criminal history and he is in jail since 29.3.2010. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Jagmohan Singh Rawat be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Dehradun. Bail application is allowed accordingly. (Dharam Veer, J.) 19.04.2010 RG