IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 13th day of October, 2011 1st Bail Application No.772 of 2011 Order on the Bail Application: CRIMINAL SIDE Monu @ Mohd Shamem S/o Mohd. Saleem, R/o Opp Sapna Talkiz Roorkee, P.S. Kotwali Civil Lines. Distt-Hardwar U.K. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of Case Crime No. 178 of 2011, Under Section 363, 366-A .P.C. Police Station- Kotwali Gangnahar Roorkee, District –Hardwar. I Hon’ble Prafulla C. Pant, J. Mr. Mohd. Safdar, Advocate, present for the applicant. Mrs. Mamta Bisht, A.G.A., present for the State. Heard. Applicant Monu @ Mohd. Shamem, who is in jail in connection with Crime No. 178 of 2011, relating to offences punishable under Section 363, 366-A I.P.C., Police Station- Kotwali Gangnahar, Roorkee, District Hardwar, has sought his release on bail. Learned counsel for the applicant drew attention of this Court to the supplementary medical report, which shows that the girl was aged between 171/2 to 18 years. It is further pointed out that from the statement recorded under Section 164 2 of Cr.P.C., the victim had not disclosed as to why, she came out of her house and engaged a three-wheeler auto after she returned from the factory. It is submitted that from the statement of the girl itself it is clear that she was molested. It is not a case of rape. The applicant has no criminal history. In the above circumstances, 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 Monu @ Mohd. Shamem, be released on bail, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Hardwar. (Urgency application No. 3797 of 2011, stands disposed of). (Prafulla C. Pant, J.) 13.10.2011 JM