IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 12th May, 2011 Order on the bail application of accused Ist Bail Application No.243 of 2011 CRIMINAL SIDE Mahendra Singh Burathokey S/o Bhagwati Prasad Burathokey … Applicant Versus State of Uttarakhand … Opposite Party Arising out of Case Crime No.142 of 2010 Under Sections 406, 409, 420, 218 IPC read with 3/7 Essential Commodities Act, 1955 Chalani Thana Kapkot District Bageshwar Hon’ble Tarun Agarwala, J. Heard Mr. Dinesh Chauhan, the learned counsel for the applicant and Mr. S. S. Adhikari, the learned counsel for the State. The applicant is the Junior Clerk in the District Supply Office and has been arrested on the basis of an Audit Report showing an embezzlement of about Rs.22 lakhs. Disciplinary proceedings have also been initiated against the applicant, which is pending. It has been alleged that the applicant was only a junior clerk and was deputed to take charge of the godown for a certain period of time and that most of the amount which is alleged to have been embezzled has already been accounted for and that clarification has also been given in the disciplinary proceedings. In the light of the aforesaid and without commenting anything further on the merit of the case, the court is of the opinion that the applicant is entitled to be enlarged on bail. Consequently, the bail application is allowed. Let the accused-applicant be released on bail in connection with Case Crime No.142 of 2010 under Sections 406, 409, 420, 218 IPC read with 3/7 Essential Commodities Act, 1955 on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. In addition to above condition, the applicant will deposit a sum of Rupees Two Lakhs before the authority concerned and this amount would be subject to the result of the disciplinary proceedings. (Tarun Agarwala, J.) Dated 12.05.2011 LSR