IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION BA2 Bail Application No.99 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Sudama Prasad Jayaswal ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: October 7, 2010 __________________________________________________________________ Arising out of Case Crime No.14 of 2010 Under Sections 7/13(1)(D) r/w 13(2) Prevention of Corruption Act 1988 P.S. Vigilance Sector, Dehradun ______________________________________________________________ Hon’ble Dharam Veer, J. This is the second bail application moved on behalf of the applicant. First bail was dismissed as not pressed on 5.5.2010. Heard Mr. R.P. Nautiyal, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned counsel for the applicant submitted that the statement of the complainant namely Lal Singh has been recorded in the trial court. He has not supported the prosecution case and he has been declared hostile. In the statement recorded before the trial court, he has not supported the contents of the complainant. He has also stated that he has not given ` 2,000/- to S.P. Vigilance. He further stated that the applicant is not known to him and no recovery of money was made from the applicant before him. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the FIR and the statements of the complainant Lal Singh, recorded in the trial court, 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 the applicant Sudama Prasad Jayaswal be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned. The bail application is allowed accordingly. (Dharam Veer, J.) 7.10.2010 RG