1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 8th day of June, 2011 First Bail Application No. 418 of 2011 Criminal Side Govind S/o Manga Ram R/o Village Shivdaspur @ Teliwala P.S. Bahadarabad District Hardwar …….Applicant (In Jail) Versus State of Uttarakhand, …..Opposite Party Arising out of Case Crime No. 114 of 2011 Under Sections: 363, 366A and 376 I.P.C. Police Station: Kotwali Ranipur District: Hardwar Hon’ble Prafulla C. Pant, J. Mr. Dharmesh Kumar, Advocate, present for the applicant. Mr. S.S.Adhikari,A.G.A., present for the State. Heard. Applicant– Govind, who is in jail in connection with Crime No. 114 of 2011, relating to offences punishable under section 363, 366A and 376 I.P.C., 2 police station Kotwali, District Hardwar, has sought his release on bail. Learned counsel for the applicant submitted that the girl was admittedly more than 16 years old. In her statement under section 164 Cr.P.C., she has stated that she had gone with the applicant on her own volition. The Medical Report suggests that the girl was habitual to sexual intercourse. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Govind be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Hardwar. (Prafulla C. Pant, J.) Dt.8.06.2011 Nahid