SHAHID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is the second bail application moved on behalf of the applicant. First bail was dismissed as withdrawn on 30.6.2010.

(2.) Heard Mr. R.P. Nautiyal, learned counsel for the applicant and Mr. M.S. Pal, Senior Advocate with Mr. V.S. Pal, Advocate for complainant as well as Mr. Amit Bhatt, learned Addl. GA for the State.

(3.) 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 coaccused Zaved, recorded under the police custody and, the same 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.