IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION IInd Bail Application No.99 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sabir Ali S/o Mohd. Najr R/o Shahabajpur Chamunda Sarai, P.S. Narwala Sambhal, District Moradabad ..….Applicant (In Jail) State of Uttarakhand Versus …….Opposite party Dated: April 1, 2010 Arising out of FIR No.370 of 2008 Under Sections 392, 420, 506 and 411 of IPC P.S. Kashipur, District Udham Singh Nagar Hon’ble Dharam Veer, J. Heard Smt. Pushpa Joshi, learned counsel for the applicant as well as Sri Amit Bhatt, learned Additional G.A. for the State and also perused the record. This is the second bail application moved on behalf of the applicant. First bail application was dismissed for non- prosecution on 5.10.2009 and that was not dismissed on merit. Learned counsel for the applicant has submitted that the co-accused Gulab Babu Khan has been released on bail by this Court vide order dated 30.03.2009 and on the basis of parity the present applicant is also entitled for bail. She further submitted that the applicant was the tenant in the house of complainant and there was some dispute with regard to rent and due to this reason the applicant has falsely been implicated in the said case. It is pleaded that the applicant is in jail since 18.7.2008 and the trial of the case has yet not been concluded. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of FIR and considering the principle of parity, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Sabir Ali be released on bail on his executing personal bond and also on furnishing two sureties in the like amount to the satisfaction of CJM, Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 01.04.2010 RG