IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 24th day of June 2005 Criminal Misc. Bail Application No 512/2005 Order on the bail application of accused CRIMINAL SIDE Ashok Kumar S/o Sri Tamsha R/o Shiv Nagar, P.S. Rudrapur District U.S. Nagar .........Applicant Versus State of Uttaranchal .........Opposite Party Arising out of case crime No. 964/2005 U/s 363, 366, 376 I.P.C. P.S. Rudrapur District U.S. Nagar Hon’ble J.C.S. Rawat, J. Heard Sri J.S. Virk learned counsel for the applicant and learned A.G.A. for the State. Perused the record. The learned counsel for the applicant contended that the victim is above 16 years of age. The applicant was not named in the FIR and his name came into light in the statement under section 164 Cr.P.C. Perusal of the statement under section 164 Cr. P.C. reveals that the applicant is not named as ‘rapist’. The role assigned by the applicant is only to entice and to take away the victim from her house. Considering the facts and circumstances of the case, it is a fit case for bail. Let the applicant- accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the C.J.M. concerned. (J.C.S. Rawat, J.) Dated: 24.06.2005 LSR