IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the August 24, 2006 Criminal Bail Application No. 684 of 2006 Order on the bail application of accused CRIMINAL SIDE Sadhu Saran Sinha S/o Sri Akllo Sinha R/o B-58 Duplex Sector-23 Rajnagar Thana Kavi Nagar District Gajiyabad Presently posted as Assistant Engineer In U.P. Jal Nigam at the Office of Chief Engineer – Allahabad …..Applicant Vs State of Uttaranchal … Opposite Party -------------------------------------------------------------------------------------------- Arising out of Case Crime No. 259 of 2003 Under Sections 406, 409, 467, 468, 120-B I.P.C. Thana Barinag District Pithoragarh By the court Hon’ble B.C. Kandpal, J. The applicant has applied for bail in case crime No. 259 of 2003 under Sections 406, 409, 467, 468, 120-B I.P.C., Thana Barining, District Pithoragarh. Heard Sri P.S. Adhikari, learned Senior Advocate assisted by Sri B.S. Adhikari, learned counsel for the applicant, learned A.G.A. for the State and perused the record. The state has filed the counter affidavit. On the basis of the record available before me, it appears to me that the money which is alleged to have been embezzled by the applicant was invested towards the construction of Dungli Pey Jal Yojna. Certain papers are available on the record which shows that the Executive Engineer and the Accountant of the Department have signed the documents. The evidence collected by the Investigation Officer shows that at best, it can be a matter of the financial irregularity. Without entering into the merit of the case, I am of the view that the applicant is entitled to be released on bail at this stage. Let the applicant be released on bail in his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Magistrate concerned. (B.C. Kandpal, J.) 24.08.2006 ASWAL