1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 3rd day of November, 2011 First Bail Application No. 602 of 2011 Criminal Side Mukesh S/o Sri Kripal Singh Near old wine shop Roshanabad, Thana Chauki Roshanabad, Hardwar District Hardwar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No. 55 of 2011 Under Sections: 302, 120B of I.P.C. Police Station: Kotdwar District: Pauri Garhwal Hon’ble Prafulla C. Pant, J. Mr. Kurban Ali, Advocate, present for the applicant. Mr. T.C.Aggarwal, Additional G.A, present for the State. 2 Heard. Applicant– Mukesh, who is in jail in connection with Crime No. 55 of 2011, relating to offences punishable under section 302 and 120B of I.P.C., Police Station Kotdwar, District Pauri Garhwal, has sought his release on bail. Applicant is not named in the First Information Report. It is a case of circumstantial evidence. Learned counsel for the applicant submitted that applicant has been implicated on the basis of statement of co accused Lalit and Girivar , which can not be read in evidence against the applicant. The only evidence against the present applicant is said to be extra judicial confession made before one Khushi Ram. Learned counsel for the applicant submitted that there is no recovery from the applicant. He has no criminal history. Co accused Tikam Singh has already been directed to be released on bail. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Mukesh, be released on bail on executing 3 personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kotdwar. (Urgency Application No. 4015 of 2011 stands disposed of). (Prafulla C. Pant, J.) Dt.03.11.2011 Nahid