IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Ist Bail Application No.1201 of 2009 Order on the Bail application of accused CRIMINAL SIDE Rajesh S/o Kirpa ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.227 of 2009, U/Ss 302/307/120-B/34/212 IPC, P.S. Kotwali Ranipur, Distt. Haridwar Dated: December 22, 2009 Hon’ble Dharam Veer, J. Heard Sri S.K. Shandilya, Advocate for the applicant and Sri Amit Bhatt, learned Addl. GA for the State. Learned counsel for the applicant has argued that he is not named in the FIR and even there is no direct evidence collected by the I.O. so as to connect him with the aforesaid crime. He further submitted that the only evidence collected against him by the I.O. is that he had shown the house of Dalchand to another co-accused and this fact came out in the statement of another co-accused when he was arrested by the police. He further submitted that the statement recorded in the police custody is not admissible into the evidence as per law. Lastly, the applicant has no criminal history before this case and he is in jail since 22.9.2009 and the trial has yet not been started. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Rajesh be released on bail on his executing a personal bond and also on furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. The bail application is disposed of accordingly. (Urgency application No.3458/09 also stands disposed of) (Dharam Veer, J.) 22.12.2009 Rajeev Dang