IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 18th May, 2011 Order on the bail application of accused Second Bail Application No.138 of 2010 CRIMINAL SIDE Kailash Gujjar Shri Shaukeen Singh … Applicant Versus State of Uttarakhand … Opposite Party Arising out of Case Crime No.18 of 2010 Under Sections 363, 366, 376 & 120-B IPC P.S. Bhimtal District Nainital Hon’ble Tarun Agarwala, J. Heard Mr. M. S. Pal, the learned senior counsel duly assisted by Mr. Tarun P. S. Takuli, the learned counsel for the applicant and Mr. S. S. Adhikari, the learned counsel for the State. This is the second bail application of the applicant. The first bail application of the applicant was dismissed on merit vide order dated 01.07.2010 passed in B.A. No.619 of 2010. It transpires that the applicant forcibly abducted a minor girl and sexually assaulted her against her wishes. The applicant is languishing in jail since July, 2010. The second bail application has been filed on medical grounds, namely, that the applicant is suffering from Leukemia. In this regard, the applicant was sent by the jail authorities for a check-up to the All India Medical Institute of Medical Sciences, New Delhi who has diagnosed his illness as Leukemia. Since then, he is being treated by the jail authorities. A supplementary counter affidavit has been filed by the State annexing a letter dated 02.05.2011 issued by the Superintendent, Sub-Jail, Haldwani indicating that the applicant is suffering from blood cancer and his condition is worsening day-by-day. In the light of the aforesaid, the court is of the opinion that the applicant is entitled to be enlarged on bail. The bail application is allowed. Let the accused-applicant be released on bail in connection with Case Crime No.18/2010, police station Bhimtal, District Nainital on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. (Tarun Agarwala, J.) Dated 18.05.2011 LSR