IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 26th day of February 2008 Criminal First Bail application No. 166 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Istkhar S/o Kalu, R/o village Naseerpur Kalan, Police Station Pathari, District Haridwar. … Applicant Versus State of Uttaranchal … Opposite party Arising out of case crime no. 174/07 U/Ss, 420,467,471,506 I.P.C. Police Station- Pathari, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Lalit Tewari, holding brief of Sri M.S. Tyagi learned counsel for the applicant/ accused and Sri Harish Pujari, learned Addl. Govt. Advocate for the State. The prosecution case, in brief, is that on 22.01.07 the complainant Sayeeda has executed a sale deed of her property in favour of co-accused Naima i.e. the wife of the present accused/applicant. In the sale deed, the present applicant has been shown as the witness of execution of the sale deed. It is also stated in the F.I.R. that the accused/applicant has got registered the sale deed in favour of his wife fraudulently and by misrepresentation. With the same averments a F.I.R. was lodged by the complainant Sayeeda on 22.12.2007 at about 07:00 p.m. at Police Station Pathri, district Haridwar. Learned counsel for the applicant has submitted that the complainant Sayeeda has filed a civil suit for cancellation of above sale deed before the Civil Judge (Jr. Div,), Haridwar which is still pending before the Court. It is further submitted that the above sale deed was executed on 22.01.07 and the first information report has been lodged on 22.12.2007, but the delay in lodging the F.I.R. has not been explained. It is further submitted that the dispute is purely civil in nature. It is submitted that the applicant has not got any criminal history. Lastly, it is submitted that the applicant is in jail since 21.01.08 and the trial of the case has yet not been started. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the courts is of the view that the applicant deserves bail at this stage. Let the applicant/accused Istkhar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) February 26, 2008: NCM: