IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION IInd Bail Application No.120 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Rashid S/o Rafeeq R/o Line No.16, Azad Nagar, Haldwani, District Nainital ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: September 13, 2010 __________________________________________________________________ Arising out of Case Crime No.12 of 2010 Under Sections 302, 394, 201, 411 and 120-B of IPC, P.S. Haldwani, District Nainital ________________________________________________________________ Hon’ble Dharam Veer, J. This is the second bail application moved on behalf of the applicant. First bail was dismissed as withdrawn on 15.4.2010 and that was not dismissed on merit. Heard Mr. Vishal Singh, 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 the case rests upon the circumstantial evidence and the chain of circumstances is not complete so as to connect the applicant with the said crime. It is further submitted that the only evidence against the applicant is the confessional statement of co-accused Javed recorded in the police custody, which is not admissible as per law. It is further submitted that the co-accused Sakir and Faizal have been granted bail by this Court vide orders dated 8.6.2010 and 8.9.2010, respectively, and the present applicant is also entitled for bail on the basis of parity. 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 Rashid be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Nainital. The bail application is allowed accordingly. (Dharam Veer, J.) 13.9.2010 RG