IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.327 of 2010 Order on the Bail application of accused CRIMINAL SIDE Irshad S/o Budhtakhan R/o Shahgarh Abbas Nagar Baheri P.S. Baheri District Bareilly ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party Arising out of FIR No.489 of 2009, U/s 364/302/201/120-B IPC, P.S. Haldwani, Distt. Nainital Dated: April 7, 2010 Hon’ble Dharam Veer, J. Heard Mr. Akhil Kumar Sah and Mr. Abhishek Verma i/b Mr. Sudhir Singh, Advs. for the applicant and Mr. Amit Bhatt, learned Addl. G.A. for the State. 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 policy 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 not complete to connect the applicant with the said crime. After considering all the facts and circumstances, perusing 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 Irshad be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Nainital. The bail application is allowed accordingly. 07.04.2010 Rajeev Dang (Dharam Veer, J.)