Crl.M.No.M-13620 of 2008 -1 - IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl.M.No.M-13620 of 2008 Date of Decision : 14.7.2008. Rajesh Kumar ..Petitioner. Vs. The State of Haryana ..Respondent CORAM : HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.R.N.Lohan, Advocate for the petitioner. Mr.S.S.Goripuria, DAG Haryana. RAKESH KUMAR JAIN, J. This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.181 dated 10.7.2007 under Sections 302,364,201,147,148,149,120-B IPC registered at P.S. Uchana, District Jind. According to the prosecution, Smt.Kesar Devi, mother of deceased Harikesh lodged the FIR stating that Harikesh was in the habit of consuming liquor. On 17.6.2007 at about 2.00/2-1/2 p.m. He went away saying that he would be going to relatives but he did not turn up for a few days. She had sent her grand-sons Rajesh and Yogesh for his search but they could not know anything about his whereabouts. On 4.7.2002, she reported the matter to the police. The dead body of Harikesh was recovered from canal. No signs of injury was found on the dead body as it had decomposed. The dead body was identified by locket. Crl.M.No.M-13620 of 2008 -2 - Counsel for the petitioner has contended that the petitioner has been arrested on the basis of extra judicial confession made before the police though he is not named in the FIR. It is also submitted that confessional statement made before the police is inadmissible in evidence. The aforesaid position has not been controverted by the counsel for the State. In view of the above, without commenting on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Jind. (Rakesh Kumar Jain) 14.7.2008 Judge Meenu