HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 16th October, 2008 Bail Application No. 561 of 2008 Order on the bail application of the accused. Afzar S/o Hasan …….. Applicant Versus State of Uttarakhand …….. Opposite Party __________________________________________________________ Case Crime No. 301 of 2007 U/s 302, 34 and 404 I.P.C. Police Station Laksar District Haridwar Hon’ble J.C.S. Rawat, J. Heard Mr. Mohd. Azim, Advocate for the applicant and Mr. Nandan Arya, A.G.A. for the State. Perused affidavit, counter affidavit and the document filed by the parties. It was contended on behalf of the learned counsel for the applicant that the F.I.R. was lodged on 22/11/2007 against Amit for the murder of the son of the informant Sandeep; the applicant was not named in the F.I.R.; the fact that the applicant has made extra judicial confession before Muller that he had committed the murder; the accused, for the first time, narrated with regard to the incident to the Investigating Officer on 25/12/2007 after a long time; the fact that there was no occasion to make extra judicial confession to Muller because he was neither related to the parties nor he has any authority to proceed or to help to the accused; and the evidence is not reliable. Learned A.G.A. could not demonstrate me as to how the Investigating Officer reached to Muller to record his statement u/s 161 Cr.P.C. on 25/12/2007. Considering the facts and circumstances of the case in totality; contention of the learned counsel for the parties; and the documents filed by the parties; I find that it is a fit case for bail. Let the accused/applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat, J.) Dated 16.10.2008 Shiv