HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 19th September, 2008 First Bail Application No. 647 of 2008 Order on the bail application of the accused. Amit Kumar Gupta ……. Applicant Versus State of Uttarakhand ….… Opposite Party ______________________________________________________________ Case Crime No. 5588 of 2007 U/s 120-B, 420, 465, 467, 468 and 471 I.P.C. Police Station Haldwani District – Nainital Hon’ble J.C.S. Rawat, J. Heard Mr. Pradeep Hairiya, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for respondent/State; and perused the record. Learned counsel for the accused/applicant contended that the name of the accused/applicant did not find place in the F.I.R. whereas in the statement recorded u/s 161 Cr.P.C., the complainant has named that the accused/applicant is also involved alongwith the other accused persons in the purchase of the said land. The accused/applicant has also filed copy of the sale deed which indicates that the accused/applicant has purchased the land from Indra Dev and not from the complainant. The accused/applicant has also been enlarged on bail on the F.I.R. lodged by the Bank regarding the same property. Considering the facts and circumstances of the case; contentions of the learned counsel for the parties; counter affidavit filed by the respondent; and the documents filed the accused/applicant; I find that it is a fit case for bail. Let the accused/applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. Urgency Application No. 2267 of 2008 is disposed of. (J.C.S. Rawat, J.) Dated 19.09.2008 Shiv