IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Criminal Bail Application No.425 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Dinesh Ram S/o Sri Fakeer Ram R/o Vill: Jamtadi, P.S.-Askot Distt. Pithoragarh (Uttarakhand) ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: 12th August, 2008 ________________________________________________________ Arising out of Case Crime No.141 of 2007 Under Sections 364, 302 and 201 I.P.C. Police Station-Askot, District-Pithoragarh. Hon’ble Dharam Veer, J. Heard Ms. Pushpa Joshi, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. In brief, the prosecution case is that Ram Chandra had gone along with the co-accused Nain Ram on 20.5.2007 and Smt. Meena@Meenakshi Devi had also gone along with her brother Nain Ram to her parents’ house. When Ram Chandra could not come to his house up to 30.5.2007, then Deewani Ram, father of Ram Chandra, lodged F.I.R. of missing of his son Ram Chandra in Police Station Askot, Sub District Didihat, District Pithoragarh on 31.5.2007 at 1.05 P:M. Later on, he again moved an application on 7.6.2007 making certain allegations against the applicant and the co-accused persons. Learned counsel for the applicant has submitted that the only evidence against the present applicant is extra judicial confession of Nain Ram made before Madan Ram and Mony Ram. She has further submitted that Madan Ram and Mony Ram are not dignified and respectable persons and there is no reason and circumstance as to why the co-accused Nain Ram has made extra judicial confession before Madan Ram and Mony Ram. She has further submitted that this extra judicial confession of the co-accused Nain Ram is also doubtful and except this there is no evidence against the present applicant. She has further submitted that the applicant is in jail since March 2008 and he has got no criminal history before this case and the trial against applicant has not yet been started. She further submitted that co-accused Smt. Meena@Meenakshi Devi has been released on bail by the order of this Court dated 24.10.2007 and the co-accused Fakeer Ram@Mohan Ram and Nain Ram@Nainu have been released on bail by the order of this Court dated 25.10.2007 and the present applicant is also entitled for bail on the basis of parity. 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-Dinesh Ram be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Pithoragarh. The bail application is disposed of accordingly. (Dharam Veer, J.) 12.8.2008 RG