IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital the 5th Day of April, 2013 1st Bail Application No. 508 of 2013 Order on the Bail Application: CRIMINAL SIDE Sonu @ Mohatseen …………..Applicant. Versus State of Uttarakhand .………….Respondent. Present: Mr. Rajendra Singh, Advocate for the applicant / appellant. Mr. S.S. Adhikari, Brief Holder for the State of Uttarakhand / respondent. Hon’ble Alok Singh, J. (Oral) This is an application seeking regular bail in case crime no. 28 of 2013 under Sections 363, 366-A IPC P.S. Kotwali, Mangalore, District Haridwar. Mr. Rajendra Singh, learned counsel for the applicant submits that prosecutrix, in her statement, recorded under Section 161 Cr.P.C. has specifically stated that she was in love with the applicant and she had gone with applicant to Jalandhar without there being any pressure or coercion. Mr. Rajendra Singh, learned counsel for the applicant further submits that prosecutrix is 18 years of age. Mr. Rajendra Singh, while referring to the statement of the prosecutrix recorded under Section 164 of the Code, submits that prosecutrix has stated that she was kept in the room; she nowhere states room of which place or city. Therefore, learned Magistrate, who has recorded the statement, should have asked the question from the prosecutrix as to where she was kept in the room; he further submits that prosecutrix was recovered from the Jalandhar; prosecutrix has gone to Jalandhar out of her free will and consent. 2 Considering the totality of the facts and circumstances of the case, bail application is allowed. Let the accused / applicant be released on bail, on his furnishing a personal bond of `50,000/- and two sureties, each of the like amount, to the satisfaction of Judicial Magistrate having jurisdiction over P.S. Mangalore, District Haridwar . (Alok Singh, J.) 05.04.2013 Sanjay