IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 12th day of February, 2008 Criminal Bail Application No. 123 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Dasu Ram S/o Late Mohalad, R/o Village Macherhedi, P.S. Bahadrabad, District Haridwar. .......Applicant(In Jail) Versus State of Uttarakhand .......Opposite Party _______________________________________________________________________________________________________________ Arising out of Case Crime No. 376 of 2007 Under Sections 420 of I.P.C., P.S. Jawalapur, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Sanjeev Singh, learned counsel for the applicant and Sri Harish Pujari, learned Additional GA for the State. In brief the prosecution case is that the complainant Bahal Singh has purchased a land in dispute from the present applicant and co-accused Rajesh. It was averted in the F.I.R. that the present applicant has taken loan from the bank, after mortgaged the above said land in dispute, which he was transferred by way of Sale Deed to the complainant. With the same averments, the F.I.R. was lodged by Bahal Singh on 26.07.2007 at 10:40 A.M. in Police Station Jawalapur, District Haridwar. Learned counsel for the applicant has submitted that the dispute is civil in nature. He has further submitted that whatever loan, the applicant has taken he has paid to the bank and there is nothing due on the land in dispute against the loan taken by the applicant. He has further submitted that the present applicant is in jail since 4.01.2008 and the trial of the case has not yet been started and he has got no criminal history before this case. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, the court is of the view that the present applicant deserves bail at this stage. Let applicant Dasu Ram 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. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) February 12, 2008 ARTI