IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 2nd day of September, 2009 First Bail Application No. 625 of 2009 Criminal Side Kashi Ram S/o Dhakan Lal R/o Mudiya Jagir P.S. Devraniya District Bareilly, U.P. ……...Applicant Versus State of Uttarakhand ……….Opposite Party Arising out of F.I.R. No. 140 of 2009 Under Sections: 363, 366,376 I.P.C. P.S.: Rudrapur District: Udham Singh Nagar. _____________________________________________________________________________ Hon’ble Prafulla C. Pant, J. Heard Shri M.K. Ray, Advocate for the applicant, and Shri B.S. Parihar, Brief Holder for the State. Applicant-Kashi Ram, who is in jail in connection with F.I.R. No. 140 of 2009, relating to offences punishable under Sections 363, 366, 376 I.P.C., P.S.: Rudrapur, District-Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant drew attention of this Court to the statement of the girl, recorded under Section 164 of Cr.P.C. in which she has alleged that only Rakesh (co-accused), has committed rape on her. Applicant-Kashi Ram is brother-in- law of the co-accused Rakesh. Learned counsel for the applicant further contended that the applicant has falsely been implicated in the case. Having considered submissions of learned counsel for the parties, and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail. Let the applicant- Kashi Ram, be released on bail on executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. Dt. 02.09.2009 (Prafulla C. Pant, J.) S