Asif vs State of Uttarakhand

Alok Singh, J.—These are two bail applications seeking regular bail in Case Crime No. 201 of 2013 under Section 25 of the Arms Act, police station Patel Nagar, District Dehradun and in Case Crime No. 200 of 2013 under Section 302, 201 IPC, police station Patel Nagar, District Dehradun. Learned counsel for the applicant submits that there is no eyewitness of the incident and as per statement of one Mr. Vakil, recorded under Section 161 Cr.P.C., he had last seen deceased, as pillion rider, with the applicant and his brother Ahsan and entire case is roaming around the last seen evidence as well as recovery of country made pistol, on the pointing out of applicant, under Section 27 of the Evidence Act and; after completion of investigation, charge-sheet has already been submitted.

As per dictum of Hon''ble Apex Court in the case of State of Kerala Vs. Raneef, this Court while considering the bail, must keep in mind that if bail is denied to the accused applicant and applicant is ultimately acquitted in the trial, the time spent by the applicant, in jail during trial, cannot be restored to him.

Considering the totality of facts and circumstances of the case, both the bail applications are allowed. Let. the applicant be released on bail, on his furnishing personal bond and two-two sureties, each of the like amount, in each case of the case crime numbers, to the satisfaction of Chief Judicial Magistrate, Dehradun. Let copy of this order be placed in the connected bail application.