IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.278 of 2010 Order on the Bail application of accused CRIMINAL SIDE Mohd. Azad S/o Mohd. Shamshad ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.1 of 2009, U/s 363/366/376 IPC, P.C./P.S. Karanprayag (Naib Tehsildar Karanprayag) Distt. Chamoli Dated: March 9, 2010 Hon’ble Dharam Veer, J. Heard Sri Vijay Khanduri, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. Learned counsel for the petitioner submitted that Km. Suman was missing from her house since 16.12.2009 and the FIR was lodged on 19.12.2009 and no reasonable explanation has been put forth with regard to delay. Further, the girl was recovered on 21.12.2009 from Haridwar while she had gone from Village Sunali, Distt. Chamoli. As per the age of victim, she is aged more than 17 years and below 20 years. Further, she was major on the date of incident and she had gone herself from Chamoli to Haridwar which is about 275 Kms. by bus with the applicant but she had not complained anywhere while she traveled at number of cities. At last, the victim remained with him for four days with her sweet will and thus she seems to be a consented party. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant Mohd. Azad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Chamoli. The bail application is allowed accordingly. (Dharam Veer, J.) 09.03.2010 Rajeev Dang