IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 19th day of February 2008 Criminal Bail application no. 93 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Amit Kumar S/o Mahaveer Singh, R/o village Phina, Police Station Swala, District Bijor (U.P.) ... Applicant/appellant Versus State of Uttaranchal ... Opposite party Arising out of case crime no. 283 of 2007 U/Ss 302, 307, 394 I.P.C. Police Station-Kotwali Dehradun, District Dehradun. Hon’ble Dharam Veer, J. Heard Sri K.S. Verma, learned counsel for the applicant/ accused and Sri M.A. Khan, learned Brief Holder for the State. The prosecution case, in brief, is that unknown person committed murder of Sazid and caused injuries to Digambar Singh Chowkidar of B.K.G. Associates, Dehradun on 15.07.2007 at 10:50 a.m. In this regard a First Information Report, with the same averments, was lodged by Avanish Kumar on the same day at about 11:30 a.m. at Police Station Kotwali, district Dehradun. Learned counsel for the accused/applicant has submitted that the accused/applicant is not named in the F.I.R. and only the confession made by the applicant in the police custody is against him. He has further submitted that the present applicant has not confessed the guilt of the said crime in the police custody. Even the confession made in the police custody is not admissible against the accused as per law. Sri M.A. Khan, learned Brief Holder for the State has submitted that statements of Chowkidar-Digmber Singh were recorded by the Investigating Officer u/s 161 Cr.P.C. in which the Chowkider has stated that he could not see the assailants on account of dark night therefore, he is not in a position to identify the assailants. On the basis the above circumstances, learned counsel for the accused/ applicant has submitted that there is no evidence against the present applicant collected by the Investigating Officer to connect him for the said crime. The accused is in jail since 13.09.2007 and the trial of the case has yet not started. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Amit Kunmar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) February 19, 2008: NCM: