IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 27th day of November 2009 1st Bail Application No.1167 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Ramesh Mamgai .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 182 of 2007, U/s 376, 511, 363 I.P.C. PS Kankhal, District Haridwar. _______________________________________________________________ November 27, 2009 HON’BLE DHARAM VEER, J. Mr. Kurban Ali, Advocate for the accused applicant. Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant argued that as per the prosecution, three children, viz. Km. Suman, Vijendra and Sanjay were missing from the house since 17.8.2007. FIR was lodged on 18.8.2007. All the three children were recovered on 26.8.2007. Accused applicant was arrested on 30.8.2007. Learned Counsel for the accused applicant filed the statements of Km. Suman and the complainant Jhalle Singh, which are contained in Annexure No. 5 & 6 to the bail application respectively and stated that both these witnesses have not supported the prosecution case and have been declared hostile. Km. Suman has specifically stated that the accused applicant had not taken her on the bicycle by enticing her and he never tried to molest her. She was playing along with her brothers, when they lost their way and after few day, they themselves returned to their house. She has further stated that the accused applicant did not kidnap them. Learned Counsel for the applicant further argued that even the complainant Jhalle Singh has not supported the prosecution case. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record and after considering the facts and circumstances of the case and without expressing any opinion on the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Ramesh Mamgai be released on bail on his executing a personal bond and furnishing of two sureties each in the like amount to the satisfaction of CJM, Haridwar. Bail application is allowed accordingly. (Dharam Veer, J.) 27.11.2009 PRABODH 2