IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 8th day of December 2009 Ist Bail Application No.739 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Rashid S/o Aashiq Ali ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 8, 2009 ____________________________________________________________________ Arising out of Case Crime No.07 of 2009 Under Section 393 of IPC P.S. Gadarpur, District Udham Singh Nagar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri S.K. Mandal, learned counsel for the applicant and Sri Amit Bhatt, learned Addl. GA for the State and perused the record. Learned counsel for the applicant has submitted that as per the averments made in the F.I.R. two unknown persons fired on Mahendra on 3.1.2009 at 07:00 PM when he was going by his motorcycle. Learned counsel for the applicant further submitted that the incident is said to have taken place in night and at that time it is difficult to identify the persons who fired upon the injured. He further submitted that the applicant has been falsely implicated in the said case only on the basis of suspicious. There is no direct evidence against the applicant. The only evidence against the applicant is that one knife was recoverd from his possession on 27.1.2009 when he was arrested by the Police. Another evidence is the confessional statement recorded by the Investigating Officer in the police custody. He submitted that the confessional statement recorded by the I.O. in the police custody is not admissible as per the law. He further submitted that the said incident took place on 3.1.2009 at 07:00 PM and the F.I.R. was lodged on 4.1.2009 at 04:30 PM after 21 hours of the said incident while the distance of the police station from the place of incident is 3 Kms and there is no explanation regarding delay in lodging the F.I.R. He further argued that the applicant is in jail since 27.1.2009 and the trial of the case has yet not started. After considering all the facts and circumstances; hearing learned counsel for the parties; on perusal of the contents of the F.I.R. and other papers available in file, without expressing any opinion about the final merits of the case, this 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 Chief Judicial Magistrate, Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 08.12.2009 RG