Amit Bhatt vs State of Uttarakhand

Dharam Veer, J.—This is the second bail application moved on behalf of the applicant. First bail application was dismissed as not pressed on 7.5.2010 and that was not dismissed on merit.

Heard Mr. D.C.S. Rawat, Advocate for the applicant and Mr. Amit Bhatt, Additional Government Advocate for the State.

Learned Counsel for the applicant argued that the present applicant is not named in the First Information Report and the case rests upon the circumstantial evidence and the chain of circumstances is not complete to connect the applicant with the alleged crime. He further argued that even in the statement recorded u/s 161 Cr.P.C., victim Astha has not made any allegation against the present applicant. He further submitted that the co-accused Pradeep Chandra Gaur, Vinod Singh, Hemant Singh and Ashutosh Kharakwal have already been granted bail by this Court vide orders dated 7.7.20 10, 9.7.20 10, 14.7.20 10 and 16.7.2010, respectively and the present applicant is also entitled for bail on the basis of parity. It is pleaded that the applicant is in jail since 8.4.20 10 and he has got no previous criminal history.

After considering all the facts and circumstances; on hearing learned Counsel for the parties; on perusal of the contents of the FIR and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage.

Let the applicant Amit Bhatt be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Pauri Garhwal.

The bail application is allowed accordingly.