IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 07th September, 2011 Order on the bail application of accused Third Bail Application No.15 of 2011 CRIMINAL SIDE Balam Singh @ Bablu S/o Sri Jewan Singh … Applicant Versus State of Uttarakhand … Opposite Party Arising out of Case Crime / FIR No.6 of 2010 Under Section 302 & 201 I.P.C. P.S. Mallital District Nainital Hon’ble Tarun Agarwala, J. Mr. Lalit Sharma, the learned counsel for the states that he does not wish to file the rejoinder affidavit. Heard Mr. Lalit Sharma, the learned counsel for the applicant and Mr. Hari Om Bhakuni, the learned brief holder for the State. The first bail application was dismissed as not pressed vide order dated 30.04.2010. The second bail application was dismissed on merit vide order dated 09.05.2011 on the ground that the applicant had confessed his guilt in police custody as well as before another person, who was an accused in another matter. The evidence of this second gentleman, namely, Azim was also recorded before the trial court, who has denied having made any statement in police custody under Section 161 Cr.P.C. This witness has been declared hostile by the court. In the light of the aforesaid statement, the only evidence at present against the applicant is the confession of the applicant himself made in police custody. Other than that there is no direct evidence and the prosecution case depends on the circumstantial evidence. Section 25 of the Evidence Act clearly indicates that a confession made by an accused in police custody will not be taken into consideration. 2 Without commenting anything further on the merit of the case and considering the facts and circumstances that has been brought on record coupled with the fact that more than one and a half year has elapsed and the evidence is not coming forward, the court finds that the applicant is entitled to be enlarged on bail. Consequently, the bail application is allowed. Let the accused-applicant be released on bail in connection with Case Crime / F.I.R. No.6/2010, P.S. Mallital, District Nainital under Section 302 & 201 I.P.C. on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. (Tarun Agarwala, J.) Dated 07.09.2011 LSR