Bhimsen vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Mr. Abhishek Verma, Advocate, present for the applicant. Mr. M.A. Khan, Brief Holder, present for the State.

Heard.

Applicant Bhimsen, who is in jail in connection with F.I.R. No. 548 of 2011, relating to offences punishable u/s 302, 201, 120B, 364 /34 I.P.C., Police Station- Kashipur, District Udham Singh Nagar, has sought his release on bail.

It is a case of circumstantial evidence. Applicant is not named in the First Information Report. Co-accused Puroshottam Chauhan, Baldev Singh Danu and Dharamveer with similar role have already been directed to be released on bail. It is further submitted that merely on the statement of the co-accused, applicant cannot be held guilty.

In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Bhimsen, be released on bail, on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Additional Chief Judicial Magistrate, Kashipur. (Urgency Application No. 1405 of 2012, stands disposed of).