IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 24th day of June 2008 I Criminal Bail Application No.339 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Smt. Sunita ….Applicant (In Jail) Versus State of Uttarakhand ------ Opposite party Dated: June 24, 2008 ________________________________________________________ Arising out of Case Crime No.86 of 2007 U/Ss.364/302/201/120-B I.P.C., P.S. Ranipur District Haridwar. Hon’ble Dharam Veer, J. Heard Sri K.S. Verma, learned counsel for the applicant and Sri Harish Pujari, learned Addl. GA for the State. In brief the prosecution case is that Geetaram went to the factory at Sidkul on 15.04.2007 for service but he could not return to his house. Complainant-Kunwar Singh searched his son Geetaram at various places but he could not trace out the whereabouts of his son. Thereafter, with the same averments, the F.I.R. was lodged by complainant- Kunwar Singh on 18.04.2007 at 12:45 hours at Police Station Ranipur, District Haridwar. Learned counsel for the applicant has submitted that the F.I.R. of the said incident was lodged after three days of the said incident but there is no explanation about the delay in lodging the F.I.R. He has further submitted that the dead body of Geetaram was recovered by the police on 21.04.2007 from Noida (U.P.) and the present applicant was arrested afterwards and the only evidence against the applicant is confessional statement of co-accused Ram Singh made in the police custody. He has further submitted that the confession made by the co-accused in the police custody is not admissible as per law against the present applicant. He has further submitted that another evidence against the applicant is evidence of Heera Singh recorded by the Investigating Officer on 21.04.2007 in which Heera Singh has stated that he along with co-accused Ram Singh and Geetaram went to Noida on 14.04.2007. He has further submitted that in the missing report, it was stated that deceased Geetaram went from his house on 15.04.2007 but Heera Singh has stated that he and deceased Geetaram along with co-accused Ram Singh went to Noida on 14.04.2007 that also creates a doubt in the prosecution story. He has further submitted that co-accused Ram Singh Yadav has been released on bail by this Court on 12.10.2007 and on the basis of parity present applicant is also entitled for bail. He has further submitted that the applicant is a sick lady, ailing with serious ailments. 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 Smt. Sunita be released on bail on her executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 24.06.2008 Arti