IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the April 17th, 2006 Criminal Misc. Bail Application No.293 of 2006 Order on the bail application of accused CRIMINAL SIDE Anil Singh @ Anand Singh @ Anu S/o Shri Gopal Singh R/o village Thirpak, Patwari Circle Mangroli Tehsil Karanprayag, District Chamoli …..Applicant Versus State of Uttaranchal … Opposite Party Arising out of case crime No.2 of 2006 Under Sections 363, 366 IPC Registered on the basis of FIR dated 4.2.2006 Patwari Circle Mangroli Tehsil Karanprayag District Chamoli ________________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Sri R. P. Nautiyal learned counsel for the applicant and learned A.G.A. for the State. Perused the record. There is no averment in the statement recorded under section 161 Cr.P.C. that the victim was taken for illicit intercourse and there is no averment that the rape was committed upon her. The learned counsel for the applicant contended that she was taken from one place to other places and she kept silent and did not make any hue and cry. It was pointed out by the learned A.G.A. that the statement under section 164 Cr.P.C. was not recorded by the prosecution. 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. Dated 17.04.2006 (J.C.S. Rawat, J.) LSR