Uttarakhand High Court
BA1/1236/2009 of AJEET SINGH AND ANR Vs STATE OF UTTARAKHAND on 31 December 2009
COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Ist Bail Application No.1236 of 2009 Order on the Bail application of accused CRIMINAL SIDE 1. Ajeet Singh 2. Jaswant Singh @ Rinku ……….Applicants (In Jail) Versus State of Uttarakhand ------- Opposite party
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTIONCriminal Ist Bail Application No.1236 of 2009
Order on the Bail application of accused CRIMINAL SIDE
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1. Ajeet Singh
2. Jaswant Singh @ Rinku
……….Applicants (In Jail)
Versus
State of Uttarakhand
------- Opposite party
________________________________________________________
Arising out of FIR No.324 of 2009, U/Ss 302/394/411 IPC, P.S. Bazpur, Distt. U.S. Nagar Dated: December 31, 2009
Hon’ble Dharam Veer, J.
Heard Sri Manav Sharma, Advocate for the applicant and Sri M.A. Khan, learned Brief Holder for the State.
Learned counsel for the applicants has argued that the applicants are not named in the FIR and the case in hand relates to the circumstantial evidence. Further, the only evidence collected by the I.O. against them is that when they were in the police custody, on the pointing out of the applicant-accused Ajeet Singh, slippers of deceased were said to be recovered while from the possession of the applicant-accused Jaswant Singh @ Rinku, a Kripan was said to be recovered. He further submitted that the chain of the circumstance so as to connect the applicants with the aforesaid crime is not complete. Lastly, the applicants are in jail for more than two months and they have no criminal history before this case and the trial has yet not been started.
After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and also on perusal of other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage.
Let the applicants Ajeet Singh and Jaswant Singh @ Rinku be released on bail on each of their executing personal bonds and also on furnishing two sureties each in the like amount to the satisfaction of C.J.M., U.S. Nagar.
The bail application is allowed accordingly. (Urgency application No.3589/09 also stands disposed of)
31.12.2009Rajeev Dang
(Dharam Veer, J.)