IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.52 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sanjay Chauhan S/o Peer Diya ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.191 of 2008, U/s 420/467/468/471 IPC, P.S. Vikasnagar, Distt. Dehradun Dated: January 27, 2009 Hon’ble Dharam Veer, J. Heard Sri Pawan Mishra, learned counsel for the applicant and Sri Nandan Arya, learned AGA for the State. In brief the prosecution case is that applicant had sold land in dispute to the complainant-Smt. Sangita Chakravarty for the sale consideration of Rs.2.51 lacs. Later on, the complainant came to know that applicant was not the owner of the land in question and indeed Gram Samaj was the owner of the said land. Thereafter, when the complainant lodged a report with SSP Dehradun, then the applicant issued a cheque for Rs.2.51 lacs, but the said cheque was dishonored. With the same averments, the FIR was lodged by complainant-Smt. Sangita Chakravarty on 20.11.2008 at 3:10 P.M. with P.S. Vikasnagar, Distt. Dehradun. Learned counsel for the applicant submitted that the only offence made out against the applicant is the offence punishable u/s 138 of the Negotiable Instruments Act, 1881 and not under those offences in which the FIR has been lodged. He further submitted that for the dishonor of cheque, notice was sent by the complainant to the applicant for lodging the complaint against him u/s 138 of the Negotiable Instruments Act, 1881. He further submitted that the applicant is in jail since 7.12.2008 and he has got no criminal history before this case. After considering all the facts and circumstances, 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 applicant Sanjay Chauhan be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) Vacation Judge 27.1.2009 Rajeev Dang