IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 16th day of September, 2011 1st Bail Application No.551 of 2011 Order on the Bail Application: CRIMINAL SIDE Jishan, S/o Rustam Ali, R/o 131 Nemi Road, P.S. Dalanwala, Dehradun. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of Case Crime No. 79 of 2011, Under Section- 363, 366-A, 376 and 506 I.P.C., P.S. Dalanwala, District ehradun. D Hon’ble Prafulla C. Pant, J. Mr. Karan Anand, Advocate, present for the applicant. Mr. T.C. Agarwal, Additional G.A., present for the State. Heard. Applicant Jishan, who is in jail in connection with Crime No. 79 of 2011, relating to offences punishable under Section 363, 366-A, 376 and 506 I.P.C., Police Station- Dalanwala, District- Dehradun has sought his release on bail. Learned counsel for the applicant submitted that though the girl is said to be 17 years old, she had gone with the applicant on her own volition, as the applicant and the girl were acquainted with each other, and wanted to get married. However the girl in her statement under Section 164 of 2 Cr.P.C., though admits acquaintance with the applicant and that she went with him, but she has alleged that she was enticed away and rape was committed on her. 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 the applicant deserves bail. The bail application is allowed. Let the applicant Jishan, be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Dehradun (Urgency application No. 3455 of 2011, stands disposed of). (Prafulla C. Pant, J.) 16.09.2011 JM