Kala vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Mr. S.K. Shandilya, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State.

Heard.

Applicant- Kala, who is in jail in connection with Crime No. 03 of 2010, relating to offences punishable u/s 396, 307 and 412 of I.P.C., Police Station Kankhal, District Hardwar, has sought his release on bail.

Learned counsel for the applicant submitted that there is no Test Identification Parade held. It is further submitted that in the court PW3 Gopal could identify correctly only two accused Sonu and Roshan in the court. It is pleaded that there is no evidence adduced by PW1, PW2 and PW3 Gopal as against the present applicant. It is further pointed out that with similar role to that of applicant, co-accused Rakesh and Bangal have already been directed to be released on bail by this court on the above ground.

In the above facts and circumstances of the case, without expressing any opinion as to final merits, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant-Kala be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Hardwar.