Nischaya Sah (Nikki) 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 8.4.2010.

Heard Mr. B.D. Kandpal, Advocate for the applicant and Mr. Amit Bhatt, Additional Government Advocate for the State.

Learned Counsel for the applicant argued that the case rests upon the circumstantial evidence and only on the basis of statement of eyewitness Sohan Singh @ Soni Baba, the applicant was implicated in the alleged crime. He argued that a number of dates were fixed in the trial court for recording the evidence of alleged eyewitness but he did not turn up and according to the police report he is not traceable and his whereabouts could not be known. It is pleaded that the applicant is in jail from last six months. Above-said facts have also not been controverted by learned Additional Government for the State.

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 Nischaya Sah (Nikki) 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, Bageshwar.

The bail application is allowed accordingly.