YOGESH SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IT is a case of circumstantial evidence. During investigation it is said to have been found that co -accused Sudha Sharma with fake name "Inku" stayed in the fateful night with the deceased in Hotel Himalaya, Hardwar. She slipped from the room in the mid night. Next day deceased (Sudhir Kumar) found murdered in the room. A FIR relating to offence punishable under section 302 IPC was lodged by the Manager of the hotel against Inku (Sudha Sharma). Learned counsel for the applicant submitted that applicant is neither named in the FIR, nor had any enmity with the deceased, nor stayed in the hotel in the night in which murder is said to have been committed.

(3.) IN the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that the applicant deserves bail.