IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 28th day of January 2009 Ist Bail Application No.63 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Mange Ram @ Manga S/o Tofa R/o Village Shiv Pur, P.S. Deoband, District Saharanpur, U.P. ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: January 28, 2009 ____________________________________________________________________ Arising out of Case Crime No.257/2007 Under Sections 364-A, 120-B, 302 & 201 IPC P.S. Kotwali Gangnahar Roorkee, District-Haridwar ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Manish Arora, learned counsel for the applicant and Sri S.S. Adhikari, learned A.G.A. for the State. In brief, the prosecution case is that on 19.09.2007 at 11 A:M Arjun Dev has gone from his house and he did not came back to his house. One another person Navneet Mohan had received a telephone call from the mobile of Vijay Sethi @ Kali. On the telephone call received by Navneet Mohan, Arjun Dev told him that they are in Haridwar and they will come in the evening. With the same averments, the F.I.R. was lodged by Sri Jagannath, brother of Arjun Dev, on 20.09.2007 at 6:10 at P.S. Kotwali Gangnahar, Roorkee, District Haridwar. Learned counsel for the applicant submitted that the present applicant is not named in the F.I.R. and the only evidence against him is the confessional statement recorded by the Investigating Officer in the police custody. He further submitted that the confessional statement recorded by the I.O. in the police custody is not admissible as per the law. He further submitted that the present applicant is in jail since 27.09.2007 and the trial of the case has not yet been concluded. He further submitted that the co-accused Sethpal and Vijay Sethi have been released on bail by the order of this Court dated 07.02.2008 and 07.12.2007, respectively and on the basis of parity the present applicant is also entitled for bail. After considering all the facts and circumstances of the case, 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 the applicant- Mange Ram @ Manga be released on bail on executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Judicial Magistrate, Roorkee. (Dharam Veer, J.) Vacation Judge 28.01.2009 RG