IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 13th day of October, 2011 First Bail Application No. 625 of 2011 Criminal Side Sunil Chandra Gupta S/o Shri Nathimal Gupta R/o opposite Degree College, Kashipur presently Community Health Centre Jaspur, District Udham Singh Nagar ……...Applicant ( in Jail) Versus State of Uttarakhand through Secretary Home, Civil Secretariat, Dehradun …..….Opposite Party Arising out of FIR no. 196 of 2011 Under Section: 420 IPC Police Station Kashipur R.O.P., I.T.I., District Udham Singh Nagar -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. S.K. Mandal, Advocate, present for the applicant. Mr. Nandan Arya, A.G.A, present for the State Applicant- Sunil Chandra Gupta, who is in jail in connection with FIR no. 196 of 2011, relating to offence punishable under section 420 IPC, Police Station Kashipur, R.O.P., I.T.I., District Udham Singh Nagar, has sought his release on bail. -2- Heard learned counsel for the parties. Applicant is in jail for last three months. It is a case triable by the Magistrate. FIR is got lodged after obtaining orders under section 156 (3) Cr.P.C.. It is pleaded on behalf of the applicant that ingredients of the offence punishable under section 420 IPC, are not made out as the complainant is assignee of the creditors, and applicant could have no intention to cheat him in the transaction with the creditor. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Sunil Chandra Gupta be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of Additional Chief Judicial Magistrate, Kashipur. (Prafulla C. Pant, J.) Parul 13.10.2011