IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 5th July, 2011 Order on the bail application of accused 3rd Bail Application No. 12 of 2011 CRIMINAL SIDE Arvind S/o Salekh Chand R/0 A-4 Tajpur Gaon (Badarpur Border) Mehrauli Delhi …Applicant Versus State of Uttarakhand …Opposite Party Arising out of F.I.R. No. 142/2009 Under Section 406 I.P.C. P.S. Pantnagar, District Udham Singh Nagar Hon’ble Tarun Agarwala, J. Heard Mr. Pratiroop Pandey, the learned counsel for the applicant and Mr. Nandan Arya, the learned A.G.A. for the State. The first bail application was rejected on merits by this Court by an order dated 26th April, 2010. The second bail application was rejected by an order dated 16th June, 2010. The applicant is the cleaner of the truck which transported the goods containing cotton yarn which was to be exported to London. It is alleged in the First Information Report that when the consignment reached London, instead of cotton yarn, 148 bags of salt was found. The investigation has revealed that the custom seal was intact. The learned counsel for the applicant contends that the custom seal was placed by the custom officials when the goods was being sealed in the factory premises. The applicant is only a cleaner and contends that the defalcation of the property could not have been done by the applicant since the seal was found to be intact. The applicant has already spent 1½ years in jail and the maximum punishment, if any, is three years. Without commenting anything further on the merits of the case, the Court is of the opinion that the applicant should be enlarged on bail at this stage. The third bail application is allowed. Let the applicant be released on bail in connection with F.I.R. No. 142/2009, under Section 406 I.P.C., P.S. Pantnagar, District Udham Singh Nagar, on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (Tarun Agarwala, J.) Dated 05.07.2011 SP