IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 16th day of December, 2009 Ist Bail Application No.1218 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Isharar .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 342 of 2009, U/s 420, 504 & 506 IPC. PS Jwalapur, District Haridwar. _______________________________________________________________ December 16, 2009 HON’BLE DHARAM VEER, J. Mr. R.S. Sammal, Advocate for the accused applicant. Mr. Amit Bhatt, Addl. G.A. with M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant argued that the role assigned to the accused applicant in the FIR is only for holding out the threat to the complainant Mamraj Singh Bisht and Manas Tiwari. He further submitted that the main role has been assigned to the co- accused Pradeep Saraswat that he impersonated himself as owner of the plot and identified himself as Ashwani Bhatia and the agreement deed was prepared with Mamraj Singh Bisht and lateron the sale deed was done in favour of Manas Tiwari as the complainant was in need of money and, therefore, he asked Pradeep Saraswat who was impersonating himself as Ashwani Bhati to prepare the sale deed in favour of Manas Tiwar instead of him. He further submitted that no allegation of cheating has been made against the present accused applicant. He lastly submitted that there is no criminal history against the accused applicant, who is in jail since 13.10.2009 and the trail is yet to begin. After due consideration of the submissions of the learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record and having regard to the facts and circumstances of the case and without expressing any opinion about the final merits of the case, the Court is of the view that accused applicant deserves bail at this stage. Let the applicant Isharar be released on bail on his executing a personal bond and furnishing of two sureties each in the like amount to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 16.12.2009 PRABODH 2