1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 18th day of August, 2011 First Bail Application No. 598 of 2011 Criminal Side Shahjad S/o Jan Ilahi R/o Village Peerpura P.S.Kotwali Manglaur District Roorkee …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime No. 151 of 2011 Under Sections: 363, 366, 376 I.P.C. Police Station: Kotwali Manglaur District: Hardwar Hon’ble Prafulla C. Pant, J. Mr. Manish Arora, Advocate, present for the applicant. Mrs. Mamta Bisht, A.G.A, present for the State. Mr. Rajendra Singh, Advocate, present for the complainant. 2 Heard. 2. Applicant– Shahjad, who is in jail in connection with Crime No. 151 of 2011 relating to offences punishable under section 363, 366 and 376 I.P.C., police station Kotwali Manglaur, District Hardwar, has sought his release on bail. 3. Learned counsel for the applicant drew attention of this court to annexed CA-1 to the counter affidavit which is copy of statement of the girl recorded by the Investigating Officer. In said statement she has stated that she was in love with the applicant . She has further stated that she along with Shahjad, left her house to get married with him. She has also stated that she is aged 18 years. However, in her statement under section 164 of Cr.P.C., recorded thereafter, she states that she is aged 14 years. She further states that she was raped by Shohrab, Lakhi and Mukarram. As to the applicant Shahjad she has not stated specifically that he committed rape on her. Medical report annexed with the counter affidavit shows that the age of the girl was more than 17 ½ years, but less than 18 years. 4. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view, that applicant deserves bail. 3 5. The Bail Application is allowed. Let the applicant- Shahjad be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Judicial Magistrate, Roorkee. (Prafulla C. Pant, J.) Dt.18.08.2011 Nahid