IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 21st day of February 2008 Criminal First Bail application no. 129 of 2008 Order on the Bail application of accused person. CRIMINAL SIDE Nagendra Kuniyal S/o Sri Madhvanand Kuniyal, R/o village Deval, Post Deval, Tehsil Tharali, District Chamoli. …Applicant/appellant Versus State of Uttaranchal …Opposite party ______________________________________________________________________ Arising out of case crime no. 155/2007 U/Ss, 363, 366 (A), 368,376,506 I.P.C. Police Station- Tharali, District Chamoli. ______________________________________________________________________ Hon'ble Dharam Veer,J. Heard Sri R.P. Nautiyal, learned counsel for the applicant/ accused Sri I.S. Mehra, Adv. For the complainant and Sri M.A. Khan, learned Brief Holder for the State and perused the record. The prosecution case, in brief, is that Sri Bhuwan Chandra Mishra, father of the victim Geeta has lodged report at police station Tharali on 21.12.2007 at 8:30 a.m. of missing of Km. Geeta from his house. Later on the girl reached to her house in the evening of information report at 8:00 p.m. at police station Tharali, district Chamoli against the present accused/applicant and against one Dayanand Joshi with the averments that the accused have enticed the girl and had taken her from Deval. Learned counsel for the applicant has submitted that later on the girl was examined medically by the Medical Officer who has opined that the age of the girl is about 17 years. It is further submitted that the missing report was lodged by the father of the victim on 21.12.2007 and in the entry of the G.D. the age of the girl has been mentioned as 21 years . Copy of the electoral roll has also been filed by the applicant in which the age of Geeta has been show as 21 years. Learned counsel for the applicant has further submitted that the girl is major as per the medical report. It is submitted that the extract of the electoral roll and in the entry of the G.D. which was made on the report lodged by the father of the victim in the police station on 21.12.2007, the age of girl has been shown as 21 years. Further the girl has gone from Deval to Haridwar i.e. 265 kms., from Haridwar to Srinagar i.e. 125 kms., Sri Nagar to Karnprayag i.e. 70 kms. and Karnaprayag to Hat Kalyani i.e. 54 kms and in this way the victim has traveled above 500 kms. and has not disclosed to any one about the incident . Thus she has gone with the applicant with her own wishes. Learned Brief Holder has submitted that rape was not committed with the girl and no spermatozoa were seen in the slides. Learned counsel for the applicant has further submitted that the co-accrued Dayanand Joshi has been released on bail by the Session Judge, Chamoli and the applicant is also entitled to bail on the basis of parity. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Nagendra Kuniyal be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Chamoli. The bail application is disposed of accordingly. (Dharam Veer, J.) February 21, 2008: NCM: