IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORGINAL JURISDICTION Dated: Nainital: the 19th day of February 2008 Criminal Bail Application No. 149 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Vikas @ Viccky, S/o Lakhmir Singh, R/o Village Simli, P.S. Laksar, District Haridwar. …….Applicant (In Jail) Versus State of Uttarakhand ……….. Opposite Party ________________________________________________________________________ Arising out of Case Crime No. 319 of 2007 U/Ss 363/366/506 I.P.C., P.S. Lakar , District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Sachin Panwar, learned counsel for the applicant and Sri Pratiroop Pandey, learned counsel for the complainant as well as Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that the present applicant along with other co-accused persons had kidnapped Km. Anshu Verma on 17.12.2007 at 11:00 A.M. at Saraswati Sishu Mandir, Laksar. With the same averments, the F.I.R. was lodged by Sri Amit Kumar Verma, brother of Km. Anshu Verma on 20.12.2007 at 10:00 A.M. in P.S. Kotwali Laksar, District Haridwar. Learned counsel for the applicant has submitted that Km. Anshu Verma is a major girl. He has filed the date of birth certificate from K.V. Inter College, Laksar (Haridwar), in which the date of birth of Km. Anshu Verma is 18.04.89 i.e. Annexure No.3. He has further submitted that Km. Anshu Verma was more than 18 years on the date of the said incident. He has further submitted that the present applicant and Km. Anshu Verma had married. He has filed the certificate from the Registrar of Hindu Marriage Laksar District Haridwar dated 28.12.2007 i.e. Annexure No.2. He has further submitted that on the basis of these documents both the parties are consented parties and the present applicant and Km. Anshu Verma had married according to their own wish. He has further submitted that after investigation the police have also submitted the final report against the present applicant, for that he has filed a letter submitted by the Investigating Officer to the Judicial Magistrate, Laksar i.e. Annexure No.6 along with his bail application. 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 applicant Vikas @ Viccky be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 19.02.2008 Arti