Brahmswaroop vs State of Uttarakhand

Dharam Veer, J.—First bail application of the accused applicant was dismissed vide order dated 16.7.2009 passed by this Court. Hence, this second bail application has been moved on his behalf.

Heard Mr. DK Sharma, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State.

Learned Counsel for the accused applicant argued that applicant is not named in the FIR and after completing the investigation, chargesheet was filed against the applicant wherein two eyewitnesses i.e. Sanjay and Hridesh Kumar were named in the chargesheet and both of them have been examined before the trial court as PW1 and PW2 respectively and both of them have not supported the prosecution case and declared hostile.

Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, statements of alleged eyewitnesses i.e. Sanjay and Hridesh Kumar; 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 Brahmswaroop be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Udham Singh Nagar.

Bail application is allowed accordingly.