2025:UHC:1515 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 389/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. The present applicant-Yatendra Sah is seeking regular bail in relation to Case Crime 17 of 2025, arising out of FIR dated 20.01.2025, registered at P.S. Lalkuan, District Nainital wherein the present applicant along with two others, namely, Vipin Joshi and Murari Shah were implicated for the offence punishable under Section 420 IPC. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated with some ulterior motive and purposes which is evident from the fact that the applicant himself is the owner of the land which was sold to the complainant, though, it was kept mortgaged with the bank towards a loan sanctioned to Rachiyata Infrastructure. He submits that this fact was very well in the knowledge of the complainant. 5. Apart from this, learned counsel for the applicant informed this Court that the FIR was lodged under Section 420 IPC, and, the other two co-accused were given notice under Section 41 Cr.P.C., since the offence, as alleged in the FIR, is punishable for less than seven years but without giving notice to the applicant under Section 41 Cr.P.C., the applicant has been arrested. He further submits that during investigation some more sections have been added, i.e, Sections 467, 468 and 471 IPC but from the contents of the allegation, as alleged in the FIR, no 2025:UHC:1515 cognizable offence under Section 467, 468 and 471 IPC are made out, since the applicant is the owner of the land in question which was sold to the complainant. 6. Apart from this, learned counsel for the applicant submits that the applicant has no previous criminal history and he is languishing in jail since 31.01.2025 and is suffering from heart ailment. He also submits that the allegation, as alleged, prima facie, appears to be civil in nature. 7. Mr. V.S. Pal, learned A.G.A. submits that investigation is still going on, however, the offence as alleged in the FIR, which pertains to Section 420 IPC is punishable for less than seven years, and, in such an eventuality, before arresting the applicant, notice under Section 41 Cr.P.C. has to be issued. Apart from this, he has not disputed this fact that the applicant has no previous criminal history. 8. After hearing arguments of the learned counsel for the parties, and further taking into consideration that the other co-accused were given notice under Section 41 Cr.P.C., and, furthermore the applicant has no previous criminal history, this Court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 10. Let the applicant- Yatendra Sah be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 05.03.2025 Parul 2025:UHC:1515