IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.217 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Mohan @ Rahul @ Ganjja S/o Vasudev ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: March 19, 2010 ____________________________________________________________________ Arising out of Case Crime No.248/2008 Under Section 307 IPC P.S. Kotwali Gangnagar, District Haridwar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Ajay Veer Pundir, Advocate for the applicant and Sri M.A. Khan, Brief Holder for the State and also perused the record. Rejoinder affidavit filed on behalf of the applicant is taken on record. Learned counsel for the applicant has argued that the applicant has not been named in the FIR. It is further argued that during investigation when the Investigating Officer of the case recorded the statement of Arvind Singh, Injured and other witnesses, they have not disclosed the name of the applicant in the aforesaid crime. He further argued that the name of the applicant came into light on the basis of statement given by co-accused Jitendra Singh in the police custody and the statement recorded in the police custody is not admissible as per law. It is pleaded that the applicant is in jail for last more than eight months and he has no criminal history. Having considered the submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Mohan @ Rahul @ Ganjja be released on bail on his executing personal bond and also on furnishing two sureties in the like amount to the satisfaction of CJM, Haridwar. The bail application as well as Misc. Application No.1034/2010 stand disposed of accordingly. (Dharam Veer, J.) 19.03.2010 RG