1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 23rd day of November, 2011 First Bail Application No. 1056 of 2011 Criminal Side Jamshed Alam S/o Jalaluddin R/o Gram Ruhiya Anchal Thana Kochadhaman District Kishan Ganj, Bihar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime No. 28 of 2011 Under Sections: 363, 366 and 376 of I.P.C. Police Station: Kotdwar District: Pauri Garhwal Hon’ble Prafulla C. Pant, J. Mr. Kurban Ali, Advocate, present for the applicant. Mr. S.S.Adhikari, A.G.A., present for the State. Heard. Applicant– Jamshed Alam, who is in jail in 2 connection with Crime No. 28 of 2011, relating to offences punishable under section 363, 366 and 376 of I.P.C., Police Station Kotdwar, District Pauri Garhwal, has sought his release on bail. It is pointed out that the girl is major. The medical report does not suggest rape. Attention of this court is drawn to the statement of the PW3 Ved Prakash, who has stated that he saw the girl going on foot and following the applicant, but she did not make any hue and cry. The applicant is in jail for last nine months. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Jamshed Alam, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kotdwar. (Prafulla C. Pant, J.) Dt.23.11.2011 Nahid 3