Rakib vs State of Uttarakhand

Dharam Veer, J.—Since both these bail applications arise out of the same case crime number involving common facts and circumstances, hence they are being decided by this common order.

Heard Siddhartha Sah, Advocate holding brief of Mr. Sanjeev Singh, Advocate for the applicants and Mr. Amit Bhatt, Addl. GA for the State.

Learned Counsel for the accused applicants submitted that the FIR of the alleged incident has been lodged after 34 days and the delay in lodging the FIR has not been explained by showing the sufficient cause. He further argued that even the case against the applicants 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 accused applicants to connect them with the alleged crime and only the last seen evidence has been collected against the applicants by the I.O. He also submitted that co-accused Sikandar has been granted bail by this Court vide order dated 21.6.2010 and the present applicants are also entitled for bail on the basis of parity.

Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; 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 applicants deserve bail at this stage.

Let the applicants Rakib and Rasid be released on bail on executing a personal bond and furnishing of two sureties, each in the like amount, by each of them to the satisfaction of CJM, Hardwar.

Bail applications are allowed accordingly.