Cr.MP(M) No. 444 of 2008 13.05.2008 Present: Mr. Bipin C. Negi, counsel for the petitioner. Mr. J.S. Guleria, Law officer, for the respondent. The present petition has been filed by the petitioner under Section 439 Cr.P.C. for grant of bail in FIR No. 63/2007 dated 16.7.2007, under Section 302, Police Station Kumarsain. Brief facts of the case are that a report was lodged with the police by Roshan Lal, complainant, that his son Kamlesh Kumar was employed by Hoshiar Singh, co-petitioner, for extraction of resin in Janjeli area of Tehsil Kumarsain since 2007 and he was missing since 6.6.2007. He suspected that he has been murdered by the petitioner and other co-petitioners. A FIR was registered on 16.7.2007. During the investigation of the case, the police recorded the statement of one Madan Lal under Section 161 Cr.P.C. on 13.2.2008 in which he stated that he had seen the deceased. A similar statement was made by Pradeep Kumar on 16.8.2007 which was recorded by learned J.M.I.C. under Section 161 Cr.P.C. in which it was alleged that the deceased was seen by him. During the investigation of the case, no statements have been recorded by the police so far implicating the petitioner in the case except the suspicion made by the deceased’s father at the time of filing of the report. The petitioner is in custody since 3.4.2008. Keeping in view the above facts, the petition filed by the petitioner is allowed and he shall be released on bail on his …2… furnishing personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the learned J.M.I.C., Rampur or in his absence to the satisfaction of learned Chief Judicial Magistrate, Rampur, subject to the condition that the petitioner shall join the investigation as and when called by the police. The Cr. Misc. Petition stands disposed of. Copy dasti. May 13, 2008 ( V.K. Ahuja ), J. (BSS)