IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 6th day of August, 2009 First Bail Application No. 476 of 2009 Criminal Side Sajid alias Waseem S/o Pyare Mian R/o Behind Albarkat School Islam Nagar, P.S. Kwarsi District Aligarh. ……...Applicant Versus State of Uttarakhand ……….Opposite Party Arising out of Case Crime No. 384 of 2008 Under Sections: 363, 366, 376 I.P.C. P.S.: Kotwali Gangnahar, Roorkee District: Haridwar. _____________________________________________________________________________ Hon’ble Prafulla C. Pant, J Heard Shri K.S. Verma, learned counsel for the applicant, Shri Amit Bhatt, A.G.A. for the State and Shri Mohd. Safdar, counsel for the complainant. Applicant-Sajid alias Waseem, who is in jail in connection with case crime No. 384 of 2008, relating to offences punishable under Sections 363, 366, 376 I.P.C., P.S.: Kotwali Gangnahar, Roorkee, District- Haridwar, has sought his release on bail. Learned counsel for the applicant pointed out that as per the medical report, the girl was aged between 16-17 years of age. It is further submitted that the applicant got married to the complainant’s daughter and copy of Nikah-Namah, is filed with the bail application. On the other hand, learned counsel for the complainant drew attention of this Court to the statement, recorded under Section 164 Cr.P.C. by the Magistrate in which the girl has alleged that she was raped by the applicant. Learned counsel for the applicant submitted that without acquaintance, the girl resident of Roorkee would not have gone to and lived in Aligarh with the applicant. Having considered submissions of learned counsel for the parties, without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail. Let the applicant- Sajid alias Waseem, be released on bail on executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of Chief Judicial Magistrate, Haridwar. Dt. 06.08.2009 (Prafulla C. Pant, J.) S