Rashid Ali v. State of Uttarakhand

…… Opposite Party State of Uttarakhand ___________________________________________________________________ Arising out of Case Crime No. 411/2009, U/s 302, 201, 394, 120-B & 411 IPC, PS Ranipur, District Haridwar. _______________________________________________________________ March 10, 2010 HON’BLE DHARAM VEER, J. Mr. Manish Arora, Advocate for the applicant. Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant argued that the applicant is not named in the FIR and the case against him rests on circumstantial evidence. He further argued that the looted LPG cylinders were recovered from the house of co- accused Shahzad S/o Iqbal at village Kuteshwara, District Muzzafarnagar, U.P. He further argued that there is no direct evidence against the accused applicant to connect him with the alleged crime and the chain of circumstances is not complete against him. He also submitted that co-accused Sahazad S/o Tajamul has been granted bail by this Court vide order dated 19.1.2010 and the accused applicant is also entitled for bail on the basis of the parity. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Rashid Ali be released on bail on his executing a personal bond and furnishing of two sureties, each in like amount, to the satisfaction of Chief Judicial Magistrate, Haridwar. 2 Bail application is allowed accordingly. (Dharam Veer, J.)

10.3.2010 PRABODH