IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 14th day of October, 2009 First Bail Application No. 842 of 2009 Criminal Side Sandeep, S/o Hari R/o Village Lehboli P.S. Manglor District Haridwar, Uttarakhand ……...Applicant Versus State of Uttarakhand ……….Opposite Party Arising out of Case Crime No. 225 of 2009 Under Sections: 363, 366, 376 I.P.C. P.S.: Manglor District: Haridwar. ________________________________________________________________________________________ Hon’ble Prafulla C. Pant, J Heard Shri K.S. Verma, Advocate for the applicant, and Shri M.A. Khan, Brief Holder for the State. Applicant-Sandeep, who is in jail in connection with case crime No. 225 of 2009, relating to offences punishable under Sections 363, 366, 376 I.P.C., P.S.: Manglor, District-Haridwar, has sought his release on bail. Learned counsel for the applicant drew attention of this Court to the statement of the victim, recorded by the Judicial Magistrate, under Section 164 of Code of Criminal Procedure, 1973, copy of which is annexed as annexure-1 to the supplementary affidavit, filed on behalf of the State. Statement of the girl recorded on 01.06.2009, by the Judicial Magistrate, Roorkee, shows that the girl (victim) has not named the present applicant (Sandeep) anywhere. She has stated in her statement under Section 164 Cr.P.C. that co-accused Omkar, Sonu and Pervej, committed rape on her. Allegations of abducting her are also made against the three, and not against applicant-Sandeep. In the above circumstances, having considered submissions of learned counsel for the parties, this Court is of the view that applicant deserves bail. Let the applicant- Sandeep, be released on bail on executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of the Judicial Magistrate, Roorkee. Dt. 14.10.2009 (Prafulla C. Pant, J.) S