Javed vs State of Uttarakhand

Dharam Veer, J.—This is the second bail application moved on behalf of the applicant. First bail was dismissed as not pressed on 25.8.2010.

Heard Mr. S.P.S. Panwar, Senior Advocate with Mr. H.C. Pathak, learned Counsel for the applicant, Mr. Mr. Amit Bhatt, learned Addl. GA for the State and Mr. Mukul Dangi, learned Counsel for the complainant.

Learned Counsel for the applicant submitted that the applicant is not named in the FIR and even the case rests upon the circumstantial evidence and there is no direct evidence against the applicant. He further submitted that the chain of circumstances is not complete against the applicant to connect him with the alleged crime. He further argued that the only evidence against the applicant is the statement of applicant-accused, recorded in the police custody, which is not admissible as per law. He further submitted that other co-accused persons, namely, Mohan Chandra Kabadwal, Shakir and Faijal have already been granted bail by this Court vide orders dated 15.4.2010, 8.6.2010 and 8.9.2010, respectively and the present applicant is also entitled for bail on the basis of parity.

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 Javed be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Nainital.

The bail application is allowed accordingly.