IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.446 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Sarika Kinnar Disciple of Late Baby Kinnar, R/o Wing No.7, House no. 12, Premnagar, P.S. Cantt., District- Dehradun. --------Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party _______________________________________________ Arising out of case crime No.66 of 2007 (S.T. no. 144/07), U/Ss 302, 394, 411, 201, 380, 120-B/34 IPC, P.S. Cantt., District- Dehradun. Dated: August 4, 2008 Hon’ble Dharam Veer, J. Heard Sri S.K. Agarwal, learned Senior Counsel assisted by Sri Pawan Mishra, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is that on 11.03.2007, Baby Kinnar (eunuch) had gone to Punjay and when she could not come back to house, then on 24.04.2007 at 11:00, a missing report was lodged by the present applicant at Police Station Cantt. District Dehradun. Learned Senior Counsel for the applicant has submitted that the dead body of the deceased Baby Kinner (eunuch) was recovered from the garage of her personal house on 10.05.2007 at 10:00 a.m. and the present accused/applicant was arrested by the police on 10.05.2007 at 1:30 p.m. Learned Senior Counsel for the accused/applicant has further submitted that the only evidence against the present accused/applicant is the confessional statement of the applicant recorded in the police custody. It is vehemently contended that the confessional statement recorded in the police custody is not admissible as per Section 25 of the Indian Evidence Act, 1872. At this stage; learned Brief Holder for the State has submitted that certain ornaments were recovered from the house of Suresh on the pointing out of the present accused/applicant Sarika Kinnar and Suresh both. Learned Senior Counsel for the accused/applicant has further submitted that the said property was recovered from the house of the accused Suresh, who has been released on bail vide this Court’s order 2 dated 29th November 2007. It is submitted that as the co-accused Suresh has been released on bail by this Court, hence on the basis of parity the present applicant is also entitled to be released on bail. Lastly, it is submitted that the applicant has got no criminal history before this case; and the applicant is in jail since 10.05.2007 and the trial has yet not been concluded. After considering all the fact and circumstances, without expressing any opinion about the final merit of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Sarika Kinnar (eunuch) be released on bail on executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the C.J.M. Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) 04.08.2008 NCM: