Dan Singh Bisht @ Pamma @ Yamuwa vs State of Uttarakhand

Prafulla C. Pant, J.—Applicant-Dan Singh Bisht @ Pamma @ Yamuwa, who is in jail in connection with crime/FIR No. 24 of 2011, relating to offences punishable u/s 302/34, 120B IPC, Police Station Kaladhungi, District Nainital, has sought his release on bail.

Heard learned Counsel for the parties.

Learned Counsel for the applicant submitted that from the FIR it appears that it is a case of circumstantial evidence. No eye witness is mentioned. It is also pointed out that co-accused Mohan Singh has been directed to be released on bail. It is further submitted that there was no motive of commission of crime on the part of the applicant Dan Singh Bisht @ Pamma @ Yamuwa. It is also argued that it is not clear if Smt. Geeta who states in her statement u/s 161 Code of Criminal Procedure, that accused Kamal, Mohan Singh and Dan Singh Bisht skuffled with the deceased, it is not clear as to why she did not inform about the names of the persons to the complainant before the FIR was lodged. In her statement Geeta says that she saw the three persons skuffling with the deceased who was in a drunken state

Having considered submissions of learned Counsel for the applicant, and learned Counsel for the State, and after going through the papers on record, this Court is of the view that applicant deserves bail.

Accordingly, bail application is allowed. Let the applicant Dan Singh Bisht @ Pamma @ Yamuwa be released on bail on executing a personal bond, and furnishing two sureties each of the like amount to the satisfaction of Chief Judicial Magistrate, Nainital.