IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 17th day of February, 2011 II Bail Application No. 176 of 2010 Order on the Bail Application: CRIMINAL SIDE Nawab Ali S/o Salamat R/o Village Chapra, P.S. Swar District Rampur, U.P. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of FIR No. 134 of 2010 Under Sections: 420, 467, 468, 471 of I.P.C. Police Station: Jaspur District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Mr. M.S. Pal, Sr. Advocate, assisted by Mr. M.K. Ray, Advocate, present for the applicant. Mr. M.A. Khan, Brief Holder, present for the State. Applicant Nawab Ali, who is in jail in connection with FIR No. 134 of 2010, relating to offences punishable under Section 420, 467, 468, 471 of I.P.C., police station Jaspur, District Udham Singh Nagar, has sought his release on bail. Heard. 2 The first bail application was rejected on 29.10.2010, by Hon’ble Mr. Justice Dharam Veer (since expired). Learned counsel for the applicant submitted that admittedly complainant took loan of rupees 2.5 lakhs and purchased the tractor for which he had taken the loan. The allegation against the applicant is that he took the complainant to the bank to get the loan sanctioned, and the amount of loan was mentioned in the loan papers was rupees twenty lakhs regarding which complainant had no knowledge. It is pleaded on behalf of the applicant that applicant is not a bank employee, as such, he cannot be held responsible in the matter. However, this court has to consider whether, there is any new ground for granting bail, or not. In this connection, learned counsel for the applicant submitted that now the applicant is languishing in jail for more than six months and the trial has yet not commenced. In the above circumstances, the second bail application is allowed. Let the applicant Nawab Ali be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Urgency Application No. 797 of 2011 also stands disposed of). (Prafulla C. Pant, J.) Dt. 17.02.2011 H.Negi