IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 2nd day of December, 2011 First Bail Application No. 1105 of 2011 Criminal Side 1. Bhudev,S/o Lekhraj 2. Subodh,S/o Mathru Both R/o Village Rampur Safed Vaf P.S. Kanth District J.P. Nagar, Uttar Pradesh ……...Applicants ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of FIR no. 73 of 2011 (case crime no. 384 of 2011) Under Section: 376, 506, 120B IPC Police Station Ranipur District Hardwar -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Suresh Chandra Bhatt, Advocate, present for the applicants. Mr. B.S. Parihar, Brief Holder, present for the State. Applicants- Bhudev and Subodh, who are in jail in connection with FIR no. 73 of 2011 (crime no. 384 of 2011) relating to offences punishable under section 376, 506, 120B IPC, Police Station Ranipur, District Hardwar, have sought their release on bail. Heard learned counsel for the parties. -2- Learned counsel for the applicants submitted that as per the prosecution case the rape was committed by co-accused Sanjay, not by the present applicants. Attention of this Court is also drawn to the copy of the affidavit filed by the victim that the present applicants did not commit any rape. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that the applicants deserve bail. The bail application is allowed. Let applicants Bhudev and Subodh be released on bail on executing personal bond by each one of them, and furnishing two sureties for each one of them each of the like amount to the satisfaction of the Chief Judicial Magistrate, Hardwar. (Prafulla C. Pant, J.) Parul 02.12.2011