HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 21st October, 2008 Bail Application No. 515 of 2008 Order on the bail application of the accused. Guddu S/o Sri Chandrapal ……. Applicant Versus State of Uttarakhand ……. Opposite Party ____________________________________________________________ Case Crime No. 4/44/08 U/s 302 I.P.C. Police Station Kotwali Manglor District Haridwar Hon’ble J. C. S. Rawat, J. Heard Mr. S.P.S. Panwar, Sr. Advocate for the applicant; Mr. Nandan Arya, A.G.A. for the State; and perused the record. The learned Senior Counsel for the applicant contended that the extra judicial confession was made by the accused/applicant before Bhola on 09/05/2008 after three months and four days after the incident; the extra judicial confession was made before the relative of the deceased; there was no occasion to make such extra judicial confession to a person who was interested in the prosecution of the deceased; the disclosure was made after inordinate delay; the chain of the circumstances is not complete; and the only evidence that the accused was seen from the side of the deceased to his house is not sufficient to connect with the crime. Considering the submissions of the learned counsel for the parties; facts and circumstances of the case in totality; affidavit & counter affidavit filed by the parties; and the statement of the witnesses, I find that 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 J.M., Roorkee. (J.C.S. Rawat, J.) Dated 21.10.2008 Shiv