RANU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Ranu, who is in judicial custody in Case Crime/FIR No.26 of 2022, under Ss. 302 and 201 of IPC, Police Station Pantnagar, District Udham Singh Nagar, has sought his release on bail.

(2.) Heard learned counsel for the parties and perused the material available on file.

(3.) Learned counsel for the applicant would submit that the whole case of the prosecution is based on circumstantial evidence; that, the alleged iron rod recovered at the instance of the applicant/accused was not sent for forensic examination, therefore, it cannot be the case that it was used in the commission of crime; that, in the CCTV Footage the registration number of the tempo allegedly visible in that footage is not decipherable, therefore, it cannot be the case beyond doubt that it was the tempo of the deceased; that, no motive is assigned to the applicant/accused for commission of crime in the F.I.R.