IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 15th day of July, 2008 I Criminal Bail Application No. 513 of 2008 Order on the bail application of accused. CRIMINAL SIDE Vikram Singh, S/o Dhan Singh, R/o Village Faltia Patwari, Kshetra Dasaula Badiyar, Patti-Rangor, Tehsil Bhanoli, District Almora. ……Applicant (In Jail) Versus State of Uttarakhand ------Opposite Party Dated: July 15, 2008 ___________________________________________________________ Arising out of Case Crime No.08 of 2006 (S.T. No. 25 of 2007) U/Ss 302/201/394/411 I.P.C. P.S. Kotwali Almora, District Almora. Hon’ble Dharam Veer, J. Heard Sri Amish Tiwari, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that on 12.11.2006 Basant Ballabh Pandey had gone in Alto Car No.UA-01- 6117 along with his driver Gopal Singh. When they reached in Badechhina two persons had booked his taxi for Haldwani. Basant Ballabh Pandey had gone Haldwani as a driver along with two persons after dropping Gopal there. On the same day evening he informed by telephone in his house that he is at Bhawali and will come in the house in the late night. When he could not come to the house up to 16.11.2006, then a missing report was lodged by his father, on 16.11.2006 at P.S. Almora. On 21.11.2006 after receiving the information that the dead body was laying in the Forest of Gatia, then he along with his brother Daya Kishan had gone to the Gatia Forest Area and they have identified the dead body of Basant Ballabh Pandey. With the same averments the F.I.R. was lodged by Khima Nand Pandey (brother of deceased) on 01.12.2006 at 10:15 A.M. at Police Station, Almora. It was further submitted that the present applicant was arrested by the police on 10.12.2006 at Noida and on the pointing out of present applicant and co-accused Prem Kumar one Jack Cover and Stepny were recovered. Learned counsel for the applicant has submitted that this is the only evidence against the applicant that on the pointing out of him (Vikram Singh) and co-accused Prem Kumar one Jack Cover and Stepny were recovered. He has further submitted that there is no evidence that this Jack Cover and Stepny were the same Jack Cover and Stepny of Car No.UA-01-6117. Learned brief holder has submitted that Gopal Singh who was the driver at the time of the incident along with the deceased Basant Ballabh Pandey has identified the present applicant in police custody at Noida. Learned counsel for the applicant has further submitted that no identification parade was held in the jail as per the law and the accused is in jail since 10.12.2006 till today, even the trial has not yet been started. He has further submitted that the co-accused Prem Kumar has been released on bail by this Court on 10.09.2007 and on the basis of parity the present applicant is also entitled for bail. After considering all the facts and circumstances, 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 applicant Vikram Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Almora. The bail application is disposed of accordingly. (Dharam Veer, J.) 15.07.2008 Arti