IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 8th day of January, 2008 (1)Criminal Bail Application No. 23 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Sushil S/o Jagpal R/o Village Khidiya, P.S. Chapar District Muzaffarnagar ….Applicant (In Jail) Versus State of Uttarakhand ……….Opposite Party Arising out of Case Crime No.257 of 2007 Under Sections 364-A/302/201/120-B I.P.C., P.S. Gangnahar District Haridwar. (2) Criminal Bail Application No. 24 of 2008 Om Pal S/o Niranjan Singh, R/o Village Bijopura, P.S. Chapar, District Muzaffarnagar. .....Applicant(In Jail) Versus State of Uttarakhand ........Opposite Party Arising out of Case Crime No.257 of 2007 Under Sections 364-A/302/201/120-B I.P.C., P.S. Gangnahar District Haridwar Hon’ble Dharam Veer, J. Heard Sri K.S. Verma, learned counsel for the applicant and Sri Harish Pujari, learned Additional Government Advocate for the State. In brief the prosecution case is that on 19.9.2007 at 11:00 A.M. Arjun Dev has gone from his house and he could not come back to his house. One another person Navneet Mohan had received a telephone call from the mobile of Vijay Sethi alias Kali. On the telephone call received by Navneet Mohan, Arjun Dev had told him that they are in Haridwar and they will come in the evening. With the same averments, the FIR was lodged by Sri Jagannath brother of the Arjun Dev, on 20.09.2007 at 6:10 hours in P.S. Kotwali Gangnahar, District Haridwar. Learned counsel for the applicant has submitted that the present applicant was arrested by the police on 27.09.2007 and on the same day co-accused Mangay Ray, Nawab, Vijay alias Kali were arrested by the police. He has further submitted that Mangay Ram has made the confessional statement in the police custody. In the statement of Mangay Ram recorded in the Police Custody the name of the present applicant has come first time in the light. He has further submitted that the confessional statement recorded by the police in the police custody is not admissible as per the law. He has further submitted that except this there is no evidence against the present applicant collected by the I.O. during the course of the investigation. He has further submitted that the applicant is in jail since 27.09.207. He has further submitted that co-accused Tarun Mahandiratta @ Vikky has been released on bail by this Court on 29.11.2007 and the co-accused Nawab Singh has also been released on bail by this Court on 27.12.2007 and on the basis of parity the present applicants are also entitled for bail. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, this court is of the view that the present applicants deserve bail at this state Let applicants Sushil and Om Pal be released on bail on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of J.M. Roorkee. Both the bail applications is disposed of accordingly. (Dharam Veer, J.) January 08, 2008 ARTI