IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 17th September, 2008 Criminal First Bail Application No.239 of 2008 Order on the bail application of accused CRIMINAL SIDE Roshan Bangali, S/o Shri Dila Bangali, R/o Firozpur Sandar, Police Station-Bhopa District Muzzafarnagar. … Applicant Versus State of Uttarakhand … Opposite Party Arising out of case crime No.195 of 2007 Under Section: 302 of I.P.C. Police Station Bhagwanpur, District Haridwar. Hon’ble J.C. S. Rawat, J. Heard Mr. S.K. Shandilya, Advocate for the applicant, Mr. Nandan Arya, Assistant Government Advocate for the respondent-State and also perused the record. The learned counsel for the applicant contended that the extra judicial confession made before Anil Kumar & Mohammed Salim by co-accused Rakesh as alleged by the prosecution is not admissible against the present applicant. It was further submitted by the learned counsel for the applicant that; there was no occasion to come to an unknown person to make extra judicial confession of the guilt made by co-accused Rakesh; the present applicant has not made any extra judicial confession to the said witnesses; and the co-accused Rakesh has been enlarged on bail vide the Court’s order dated 18.12.2007 passed in Bail Application No. 1413/2007. Considering the facts and circumstances of the case in totality, it is a fit case for bail. Let the accused-applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. Urgency Application Nos. 855/2008, 1069/2008 & 2217/2008 are disposed of accordingly. (J.C.S.Rawat, J.) Dated 17.09.2008 V.K