IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.819 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Afsar S/o Riyaz, R/o Village Kanthgari, Thana Sitarganj, District U.S. Nagar ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: September 18, 2010 __________________________________________________________________ Arising out of FIR No.49 of 2010 Under Section 302 of IPC P.S. Kichcha, District U.S. Nagar ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. Harshpal Shekhon, learned counsel for the applicant and Mr. Amit Bhatt, learned Addl. GA for the State. 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 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 co-accused of this case, recorded in the police custody and, the same is not admissible as per law. 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. Let the applicant Afsar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Udham Singh Nagar. The bail application is allowed accordingly. (Dharam Veer, J.) 18.9.2010 RG