ISAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Parikshit Saini, Advocate for the applicant and Mr. BS Parihar, Brief Holder for the State. Learned counsel for the applicant submitted that he is not named in the FIR; the case rests upon the circumstantial evidence and the chain of the circumstances to connect the applicant with the said crime is not complete. Further, the only evidence against the applicant is the confessional statement of the co-accused Chhotu @ Gautam before Bijendra and that of Sukha before Rajpal in the police custody, however the same is not admissible to be read into evidence as per law. Lastly co- accused Ram Bhul and Chota @ Gotam have been granted by this Court on 28.9.10 and 29.9.10 respectively and the applicant also deserves bail on the basis of parity.

(2.) After considering all the facts and circumstances and 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.

(3.) Let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Haridwar.