IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.1231 of 2009 Order on the Bail application of accused CRIMINAL SIDE Raj Kamal S/o Mathura Prasad ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of FIR No.486 of 2009, U/s 364/396/412/201/302 IPC, P.S. Rudrapur, Distt. U.S. Nagar Dated: March 26, 2010 Hon’ble Dharam Veer, J. Heard Mr. R.S. Sammal, Adv. for the applicant and Mr. Amit Bhatt, learned Addl. G.A. for the State. In brief the prosecution case is that deceased Arjun Singh Gangwar was the driver in Mini Truck No.UP.25-T- 9240 of complainant Neel Ratan. On 7.9.2009 the driver had gone for booking to take the luggage of Manoj Sharma Pandit and the truck was booked for Rs.700/- to take the goods from Milak to Rudrapur. When the truck had not come in the house in the night, then the FIR was lodged u/s 364 IPC against Manoj Sharma, Raj Kamal, Kuldeep Sharma, Kishan Singh, Yudhishthar and Prem Pal. The said truck was recovered on 9.9.2009 and the four accused Yudhisthar, Kuldeep Sharma, Kishan Nepali and Prem Pal were arrested by the police of Bisoli, District Badayun along with the truck. On the pointing out of co-accused Yudhisthar and Kuldeep Sharma, dead body of driver Arjun Singh Gangwar was recovered on the same day i.e. on 9.9.2009 within the area of P.S. Kemri, District Rampur. At the time of arrest, from the possession of co-accused Kuldeep Sharma and Yudhisthar, unlicensed country made pistols were recovered while from the possession of co- accused Kishan Nepali and Prem Pal, knives were recovered. A case u/s 307 IPC was registered against them as they have opened fire against the police to safe from the arrest. Learned counsel for the applicant argued that whatever the evidence was collected by the prosecution, that was collected against the co-accused Yudhisthar, Kuldeep Sharma, Kishan Nepali and Prem Pal to connect them with the murder of Arjun Singh Gangwar and taking the truck to Rudrapur. He further submitted that against the present applicant, the only evidence is the confessional statement of co-accused Yudhisthar, Kuldeep Sharma, Kishan Nepali and Prem Pal in the police custody, which is not admissible as per law against the present applicant to connect with the said crime. He further stated that except this, no evidence was collected by the I.O. in the matter to connect the applicant with the said crime. Further, the case rests upon the circumstantial evidence and the chain of the circumstances to connect the applicant with the aforesaid crime is not complete. After considering all the facts and circumstances, perusing the contents of the FIR and perusal of the arrest memo of co-accused Yudhisthar, Kuldeep Sharma, Kishan Nepali and Prem Pal,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 Raj Kamal 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., U.S. Nagar. The bail application is allowed accordingly. (Dharam Veer, J.) 26.03.2010 Rajeev Dang