1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No. 584 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Babar S/o Anwar Hussain R/o Shahgarh Mohalla Abbas Nagar Baheri, P.S. Baheri, District Bareily ……..Applicant (In Jail) Versus State of Uttarakhand …………Opposite Party ________________________________________________________ Arising out of FIR No. 489 of 2010 U/Ss 364,302,201 and 120-B of IPC P.S. Haldwani, District Nainital ________________________________________________________ Hon’ble Dharam Veer,J. Heard Mr. Akhil Kumar Sah, Advocate for the applicant as well as Mr. Amit Bhatt, Addl. Government Advocate for the State and also perused the record. Learned counsel for the applicant argued that the applicant is not named in the FIR and there is no evidence against him except the confessional statement of co- accused recorded in the police custody. Further, he has not given any statement in the police custody and whatever statement was recorded, that was a false statement. Further, the case rests upon circumstantial evidence and the chain of the circumstances is complete to connect the applicant with the said crime. It is pleaded that the co- accused Irshad has been granted bail by this Court vide order dated 7.4.2010 and the present applicant is also entitled for bail on the basis of parity. After considering all the facts and circumstance; on hearing learned counsel for the parties; on perusal of the contents of FIR and other papers available on record, without expressing any opinion about the final merits of the 2 case, the Court is of the view that the present applicant deserve bail at this stage. Let the applicant-Babar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Nainital. The bail application is allowed accordingly. (Dharam Veer,J.) 17.06.2010