IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal 3rd Bail Application No. 499 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Gurmeet Singh S/o Gurmail Singh. R/o Village Udra Farm, P.S. Amariya, District Pilibhit ………….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite Party ___________________________________________________________ Arising out of case Crime No. 1679 of 2006, U/s 147/148/149/307/342/364-A/368/328/120-B/34 IPC, P.S. Sitarganj, Distt. U.S. Nagar Dated: December 15, 2008 Hon’ble Dharam Veer, J. This is third bail application. The first bail application was dismissed as not pressed by this Court vide order dated 20.8.2007 and the second bail application was dismissed for want of prosecution vide order dated 11.01.2008 and those bail applications were not decided on merits. Heard Smt. Pushpa Joshi, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that on 12.9.2006, an FIR was lodged at P.S. Sitarganj by Sri Dhanpat Mittal that his brother in law Govind Kumar Goel had gone on that day in the morning at 6:00 A.M. by his motorcycle at village Tigdi to see his land. When he could not come back to his house till evening, then the missing report was lodged on 12.9.2006 at 7:30 P.M. Learned counsel for the applicant submitted that Govind Kumar Goel was recovered by the police from Patiala, Punjab on 29.9.2006 from the house of Mahendra Singh and at that time, Gurmit Singh S/o Mahindra Singh, Sukhdev Singh @ Ladi, Rajendra Singh @ Raju and Mukhtyar Singh were also there. Learned brief holder has submitted that Govind Kumar Goel was recovered from the possession of Sukhdev Singh, Gurmeet Singh S/o Mahendra Singh, Mahendra Singh, Rajendra Singh and Mukhtyar Singh at the house for Mahendra Singh at Patiala. He furthr submitted that the present applicant-Gurmeet Singh S/o Gurmail Singh is not the same person with whom Govind Kumar Goel was recovered at Patials, Punjab. He further submitted that Govind Kuamr Goel has not stated anything against the present applicant/accused either in his statement recorded u/s 161 Cr.P.C. or in his statement recorded u/s 164 Cr.P.C. He further submitted that the applicant/accused is in jail since 29.10.2006 and in the case, the prosecution evidence has not been recorded till today. Learned counsel for the applicant/accused also submitted that there is no direct or substantial evidence against the applicant/accused so that he may be connected directly with the aforesaid crime. She further submitted that the applicant/accused is in jail since 29.10.2006 and not a single prosecution witness has been examined against him till today. 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 Gurmeet Singh S/o Gurmail Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, U.S. Nagar. The third bail application is disposed of accordingly. (Dharam Veer, J.) 15.12.2008 Rajeev Dang