1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 13th Day of August, 2010. Ist Bail Application No. 731 of 2010 Order on the Bail Application: CRIMINAL SIDE Subhash Kumar S/o Lakhan Singh R/o Kirayedar, Sulekh S/o Master Hari (Band Master), Giddawali, Rawali Mahdood, P.S Kotwali Ranipur, Dist Haridwar ……......Applicant(In Jail) State of Uttarakhand Versus ………..Opposite Party Arising out of Case Crime. No. 14/214/2010, Under Section: 376 I.P.C Police Station: Kotwali Ranipur District: Haridwar Hon’ble Prafulla C. Pant, J. Mr. Manish Arora, Advocate, present for the applicant. Mr. M.A.Khan, Brief Holder, Present for the State. Applicant Subhash Kumar, who is in jail in connection with Case Crime No. 14/214 of 2010, relating to offence punishable Under Section 376 of 2 I.P.C., Police Station Kotwali Ranipur, District Haridwar , has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that the allegation made in the First Information Report are contradictory to the statement recorded under section 164 of Cr.P.C of the victim. It is also pointed out that medical report also does not corroborate the prosecution story. The girl is major. In the above circumstances, without expressing any opinion as to final merits of this case, this court is of the view, that applicant deserves bail. Bail application is allowed. Let the applicant Subhash Kumar be released on bail on executing a personal bond and furnishing two sureties each of like amount to the satisfaction of the Chief Judicial Magistrate, Haridwar. Dt. 13.08.2010 NP (Prafulla.C.Pant.,J)