IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 9th day of September, 2009 First Bail Application No. 788 of 2009 Criminal Side Islam S/o Mukhtiyar Ansari R/o Village Gard, P.S. Ranipur District Haridwar. ……...Applicant Versus State of Uttarakhand ……….Opposite Party Arising out of Case Crime No. 103 of 2009 Under Section: 366, 376 I.P.C. P.S.: Kotwali Ranipur District: Haridwar. _____________________________________________________________________________ Hon’ble Prafulla C. Pant, J Heard Shri Manish Arora, Advocate for the applicant, and Shri B.S. Parihar, Brief Holder for the State. Applicant-Islam, who is in jail in connection with case crime No. 103 of 2009, relating to offences punishable under Sections 366, 376 I.P.C., P.S.: Kotwali Ranipur, District-Haridwar, has sought his release on bail. Learned counsel for the applicant submitted that the victim, as per the medical report, is aged 19 years. The medical report does not confirm the commission of rape. Learned counsel for the applicant submitted that victim appears to have gone on her own volition with the applicant. Having considered 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, in the above circumstances, this Court is of the view that applicant deserves bail. Let the applicant- Islam, be released on bail on executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Haridwar. Dt. 09.09.2009 (Prafulla C. Pant, J.) S