IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 15th day of February, 2011 First Bail Application No. 111 of 2011 Criminal Side Mahendra Singh S/o Shri Balveer Singh R/o Village Boregaon, Patti Udaypur Walla-2 Tehsil Yamkeshwar, District Pauri Garhwal ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime no. 1 of 2011 Under Section: 363 IPC Patwari Circle/Patti Udaypur Walla-2 Tehsil Yamkeshwar, District Pauri Garhwal -_______________________________________________________________________ Hon’ble Prafulla C. Pant, J. Shri D.C.S. Rawat, Advocate, present for the applicant. Shri M.A. Khan, Brief Holder, present for the State. Applicant- Mahendra Singh, who is in jail in connection with crime no. 01 of 2011, relating to offence punishable under section 363 IPC, Patwari Circle/Patti Udaypur Walla-2, Tehsil Yamkeshwar, District Pauri -2- Garhwal, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that from the perusal of the FIR and statement of the girl recorded under section 164 Cr.P.C., it is clear that allegation of rape is made against co-accused Rajesh. There is no allegation of rape as against the present applicant. Having considered submissions of learned counsel for the parties, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Mahendra Singh be released on bail on executing personal bond and furnishing two sureties, each of like amount to the satisfaction of Chief Judicial Magistrate, Pauri Garhwal. (Prafulla C. Pant, J.) Dt. 15.02.2011 Parul