IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 25th day of November 2009 Ist Bail Application No.836 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Om Tyagi S/o Sri Amrit Lal ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 25, 2009 ____________________________________________________________________ Arising out of Case Crime No.340/2008 (S.T. No.154/2009) Under Sections 302, 120-B IPC P.S. Kotwali Gangnaher, District Haridwar ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. Manish Arora and S.C. Tyagi, Advocate for the applicant, Mr. Amit Bhatt, Addl. GA for the State and Mr. Siddhartha Sah, Advocate for the complainant. Perused the record. In brief, the prosecution story is that on 10.11.2008 at about 12:15 PM, Vinay Kumar was murdered near Kamla Nurshing Home by some unknown persons. With the same averments, the FIR was lodged by Vijay Kumar Bhatia, brother of the deceased, at P.S. Gangnaher, District Haridwar on the same day at 04:05 PM. Learned counsel for the applicant has submitted that the applicant is not named in the FIR and the only evidence collected by the I.O. against him is the confessional statement of other co-accused Manga which was recorded by the Police on 18.11.2008 when co- accused Manga was arrested by the Police. He further submitted that as per the prosecution co-accused Manga and Manoj have committed murder of Vinay Kumar and they have already been released on bail by this Court vide orders dated 17.7.2009 and 29.4.2009. He further submitted that other co-accused persons, namely, Amrish and Vinit Sharma @ Chinu Pandit have also been released on bail by this Court vide orders dated 6.11.2009 and 18.11.2009 and on the basis of parity the present applicant is also entitled for bail. He further submitted that the chain of circumstances is not complete against the applicant and even the Investigating Officer has not collected any evidence against the applicant which can connect him with the aforesaid crime. He further submitted that the applicant is in jail since 26.3.2009 and the trial of the case has yet not been started. 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-Om Tyagi released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Judicial Magistrate, Roorkee. The bail application is disposed of accordingly. (Dharam Veer, J.) 25.11.2009 RG