IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 20th October, 2008 Criminal Bail Application No.236 of 2008 Order on the bail application of accused CRIMINAL SIDE Anup Singh (Home Guard) S/o Tugal Singh … Applicant Versus State of Uttarakhand … Opposite Party Arising out of case crime No. 48 of 2008 Under Sections 409, 420, 467, 468, 471 I.P.C. P.S. Ranipur District Haridwar ________________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Mr. Navneet Kaushik, Advocate, learned counsel for the applicant and Mr. Nandan Arya, learned A.G.A. for the State. I have gone through the documents alongwith the bail petition as well as the documents filed alongwith the counter affidavit. It was contended on behalf of the applicant that the present applicant is the Home Guard and he was attached with Abarar Ahamad to carry the money; the duty of the applicant was only to protect the money which he was bringing from the bank; the embezzled money was to be withdrawn by co-accused Abrar Ahamad and it was not the duty of the applicant to take the money from the bank; the money was taken by Abarar Ahmad from the bank and thereafter it was deposited or not it was not the duty of the applicant; and the applicant has only the duty to keep watching at the time of transit for the purpose of security. Considering the submissions of the parties; perusal of the FIR; and the nature of duties of the applicant, I am of the view that it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 20.10.2008 LSR