IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th day of March, 2010 Ist Bail Application No. 219 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Mukesh Kumar Jain .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 165/2003, U/s 420, 467, 468 IPC, PS Kotwali Roorkee, District Haridwar. _______________________________________________________________ March 10, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Manish Arora, Advocate for the applicant and Mr. M.A. Khan, Brief Holder for the State. Learned Counsel for the accused applicant argued that in this case, the I.O. after completing the investigation had submitted the Final Report against the accused applicant. However, on the protest petition filed by the complainant, the Magistrate took the cognizance of the offence. He further submitted that the dispute is civil in nature and a civil suit is also pending relating to this matter before the Civil Judge (Jr. Div.), Roorkee. He lastly submitted that the co-accused Satpal Prajapati has been granted bail by this Court vide order dated 23.2.2010 and the accused applicant is also entitled for bail on the basis of parity. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Mukesh Kumar Jain be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of JM, Roorkee. Bail application is allowed accordingly. (Dharam Veer, J.) 10.3.2010 PRABODH 2