IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 9th day of October, 2009 Second Bail Application No. 79 of 2009 Criminal Side Babban Singh S/o Baijnath R/o Pahari Colony Bazpur, P.S. Bazpur District Udham Singh Nagar. ……...Applicant Versus State of Uttarakhand ……….Opposite Party Arising out of Crime/F.I.R. No. 38 of 2009 Under Sections: 420, 467, 468, 471, 120B, 504, 506 I.P.C. P.S.: Rudrapur District: Udham Singh Nagar. __________________________________________________________________________________________ Hon’ble Prafulla C. Pant, J Heard Shri Sudhir Kumar Chaudhary, Advocate for the applicant, and Shri B.S. Parihar, Brief Holder for the State. The first bail application was rejected by Hon’ble Justice J.C.S. Rawat (since transferred from this Court), vide order dated 23.06.2009. This is second bail application. Applicant-Babban Singh, who is in jail in connection with crime/F.I.R. No. 38 of 2009, relating to offences punishable under Sections 420, 467, 468, 471, 120B, 504, 506 I.P.C., P.S.: Rudrapur, District-Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant submitted that after the rejection of the first bail application, new development has taken place and main accused Bhukhan Lal Saini, has been granted bail by learned Sessions Judge, vide order dated 03.07.2009. Apart from this, on 01.09.2009, accused Somwati, who was beneficiary had also been granted bail by this Court, fter 81,000/- withdrawn by her, were deposited back before the tribunal. The applicant’s role is less graver to the above two accused, who have already been granted bail. In view of the new development, without expressing any opinion as to the final merits of the case, this Court is of the view that now the applicant deserves bail. Let the applicant- Babban Singh, be released on bail on executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. Dt. 09.10.2009 (Prafulla C. Pant, J.) S