1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 12th day of October, 2011 First Bail Application No. 875 of 2011 Criminal Side Ali Imam S/o Mohd. Kasim R/o village Gopalpur P.S. Hussainganj District Siwan, Bihar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No. 62 of 2011 Under Sections: 120B, 363, 366 and 376 I.P.C Police Station: Bahadrabad District: Hardwar Hon’ble Prafulla C. Pant, J. Mr. H.C.Pathak, Advocate, holding brief of Shri J.S.Virk, Advocate,present for the applicant. Mr. S.S.Adhikari, A.G.A., present for the State. Heard. 2 Applicant– Ali Imam, who is in jail in connection with F.I.R.. No. 62 of 2011 relating to offences punishable under section 120B, 363, 366 and 376 of I.P.C., police station Bahadrabad, District Hardwar, has sought his release on bail. Co accused Farman and Parvez are said to have already been directed to be released on bail by the lower court. Learned counsel for the applicant pointed out that from the medical supplementary report (copy Annexure-3) it is clear that the girl was aged more than 18 and less than 19 years. She was found habitual to sexual intercourse, and no opinion as to rape could be given by the medical officer. It is further submitted that between 26.05.2011 to 31.05.2011, the girl travelled to Delhi, Bihar and back to Manglore, but she did not raise any hue and cry. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view, that applicant deserves bail. 3 The Bail Application is allowed. Let the applicant- Ali Imam, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Hardwar. (Prafulla C. Pant, J.) Dt.12.10.2011 Nahid