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Judgment
Vivek Bharti Sharma, J
Applicant Kamal Singh Rawat, who is in judicial custody in FIR No.29 of 2022, under Sections 302, 201, 120-B & 34 of IPC, Police Station Mukteshwar, District Nainital, has sought his release on bail.
Heard learned counsel for the parties and perused the material available on file.
Learned counsel for the applicant would submit that the applicant/accused is innocent and has been falsely implicated in the instant case; that, applicant/accused has been arrested only on the basis of confessional statement of the co-accused and the applicant/accused given in police custody under Section 161 Cr.P.C. and even if that is presumed to be true the same is not admissible in evidence against the present applicant/accused; that, the applicant/accused is languishing in jail since 10.08.2022.
Mr. V.S. Rathore, AGA for the State opposed the bail application, however, he would admit at Bar that there is no evidence against the present applicant/accused except the confessional statement of the applicant/accused and the co-accused.
In the circumspection of facts as stated above, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case for bail.
The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹40,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.