IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 22nd day of January 2008 Criminal Bail Application No.61 of 2008 Order on the Bail Application of accused CRIMINAL SIDE Mukesh Das S/o Sri Sunder Das, R/o Village Kothi Malli, Patti Makhlogi, Tehsil Tehri, District Tehri Garhwal. …..Applicant(In Jail) Versus State of Uttarakhand ……Opposite Party Arising out of Case Crime No.05/2007 Under Section 302/397/34 I.P.C., Patwari Circle Kothi, Tehsil Tehri, District Tehri Garhwal. Hon’ble Dharam Veer, J. Heard Mr. Lokendra Dobhal, learned counsel for the applicant and Mr. G.S. Sandhu, learned GA for the State. In brief, the prosecution story is that on 7.09.2007 at 7:00 P.M. Hari Kishan was lying in an injured condition in the way. Later on, he was taken to Rishikesh hospital for treatment but before reaching hospital Hari Kishan had died in the way. With the same averments, the FIR was lodged by Smt. Saraswati Devi, daughter-in-law of the deceased on 10.09.2007 at 2:15 P.M. in Patwari Area Kothi, District Tehri Garhwal. Learned counsel for the applicant has submitted that the present applicant is not named in the FIR. He has further submitted that against the present applicant the only evidence is the confessional statement of the co-accused in the police custody. He has further submitted that the confessional statement of the co-accused in the police custody is not admissible as per law against the present applicant. He has further submitted that except this, the Investigating Officer has not collected any evidence in the investigation against the applicant. He has further submitted that the applicant is in jail since more than one month and he has got no criminal history before this case. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, the court is of the view that the present applicant deserves bail at this stage. Let applicant Mukesh Das be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Tehri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) (Vacation Judge) January 22, 2008 ARTI