2025:UHC:4164 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/838/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Rahul Adhikari, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. Present applicant-Heera Ballabh S/o Kheema Nand is praying for regular bail in relation to FIR dated 01.03.2008 registered as Case Crime No. 1 of 2008 at P.S. Patwari Circle, Bankot, Gangolihat, District Pithoragarh wherein the present applicant has been implicated for the offence punishable under Section 409 IPC. 4. It is submitted by the learned counsel for the applicant that the amount as alleged to be embezzled, in fact, has been deposited by the applicant, and the criminal prosecution was also initiated by lodging the FIR and thereafter on completion of investigation charge sheet has been filed and the trial has been commenced. He further submits that on the basis of the allegation, as alleged, the applicant was removed from services, therefore, in order to get alternative job he shifted Haryana where he is serving in a company and at present is 60% disabled. He further submits that after framing of the charge no notice was received by the present applicant, therefore, he could not appear before the trial court, however, the trial court issued non bailable warrants and in compliance thereto he was arrested on 12.01.2025. 5. On the other side, learned State Counsel has not disputed this fact that the charge sheet has already been filed 2025:UHC:4164 in reference to the FIR lodged in the year of 2008, however, since the trial has already been commenced, therefore, at this juncture there is no need of custodial interrogation of the present applicant. However, he submits that if the applicant is enlarged on bail he should cooperate with the trial. 6. After hearing the arguments of the learned counsel for the parties and further taking into consideration that charge sheet has already been filed pursuant to the FIR lodged in the year 2008 and the trial has already been commenced, and, as such there is no need of custodial interrogation of the applicant and the present applicant is languishing in jail since 12.01.2025 this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant-Heera Ballabh 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. 9. It is made clear that after being released on bail, the applicant shall cooperate with the ongoing trial. (Rakesh Thapliyal, J.) 20.05.2025 Parul 2025:UHC:4164