IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.315 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Sahnawaj @ Sonu S/o Naseem Ahmad, R/o Mohalla Bharat Nagar Roorkee, P.S. Kotwali Roorkee, District- Haridwar --------Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party _______________________________________________ Arising out from Range Case No.346 of 2006, U/Ss 302, 201,34,394, 411 IPC, P.S. Gangnaher, District- Haridwar Dated: July 2, 2008 Hon’ble Dharam Veer, J. Heard Sri Manish Arora, learned counsel for the applicant and Sri Harish Pujari, learned Addl. Govt. Advocate for the State. In brief the prosecution case is that Surendra Jeet Singh was missing from his house since 11.11.2006 and his dead body was recovered on 12.11.2006 in Forest Teliwala inside the water of Gangnaher. It was averted in the post-mortem report that the deceased had died due to drowning in the water. With the same averments, SSI Notan Das lodged the FIR on 01.12.2006 at 05:00 p.m. at Police Station Kotwali Gangnaher, Distt. Haridwar. Learned counsel for the applicant submitted that the dead body of the deceased Surendra Jeet Singh was recovered on 12.11.2006 at 4:00 P.M. but the FIR was lodged on o1.12.2006 and the delay in lodging the FIR has not been explained. He further submitted that four persons, namely, Shahnawaz @ Sonu (present applicant), Gulsher @ Kanchal, Monu and Honey were arrested by the police on 11.12.2006 and on the pointing out of these accused persons, one belt and an identity card of the deceased was said to be recovered. He further submitted that the identification of these articles, which were said to be recovered on the pointing out of these accused persons, was not conducted as per law. It is submitted that the co-accused Gulsher @ Kanchal has been released on bail by this Court on 26th November 2007 and the other co-accused Monu has also been released on bail by this Court on 29th November 2007, hence on the basis of parity the 2 present applicant is also entitled for his release on bail. Lastly, he has submitted that the applicant has got no criminal history before this case; he is in jail since 11.12.2006 and the trial has yet not been concluded. After considering all the fact and circumstances, without expressing any opinion about the final merit of the case, the Court is of the view that the applicant deserves bail at this stage. Let applicant Sahnawaj @ Sonu be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the J.M., Roorkee, District Hardwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 02.07.2008 NCM: