IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 29th day of December, 2011 2nd Bail Application No.119 of 2011 Order on the Bail Application: CRIMINAL SIDE Anwar S/o Imambaksh, R/o Bhoot Bangla, Rudrapur, District Udham Singh Nagar. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of F.I.R. No. 176 of 2009, Under Section- 376 I.P.C. Police tation- Rudrapur, District-Udham Singh Nagar. S Hon’ble Prafulla C. Pant, J. Mr. Rakesh Kumar Joshi, Advocate, present for the applicant. Mr. M.A. Khan, Brief Holder, present for the State. Heard. Applicant Anwar, who is in jail in connection with F.I.R. No. 176 of 2009, relating to offence punishable under Section 376 I.P.C., Police Station- Rudrapur, District Udham Singh Nagar, has sought his release on bail. The first bail application was rejected on 20.11.2009, by Hon’ble Mr. Justice, Dharmveer (since expired). 2 This is second bail application, after a period of two years. It is pleaded that the applicant is in jail for last more than two years. It is further submitted that meanwhile, during the trial, the victim (PW-1) Farah has turned hostile and did not support the prosecution story as against the present applicant. In the above circumstances, without expressing any opinion as to final merits of the case, considering the above new grounds, this Court is of the view that applicant deserves bail. The second bail application is allowed. Let the applicant Anwar, 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. (Prafulla C. Pant, J.) 29.12.2011 JM