IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.244 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Fayeem Mohammad S/o Shri Ali Mohammad ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: March 19, 2010 ____________________________________________________________________ Arising out of Case Crime No.1020 of 2009 Under Sections 376, 363 and 366-A of IPC P.S. Lohaghat, District Champawat ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Yogesh Pandey, Advocate for the applicant and Sri M.A. Khan, Brief Holder for the State and also perused the record. Supplementary affidavit filed on behalf of the applicant is taken on record. Learned counsel for the applicant has submitted that the applicant has falsely been in the said case. On 26.9.2009 victim Km. Madiha went with the applicant from Lohaghat with her own consent. She was major on the date of incident. He further submitted that the victim was in love with the applicant and both of them have solemnized Nikah on 4.10.2009. Copy of Nikahnama is annexed as Annexure No.1 to the supplementary affidavit in which the girl of the victim is shown as 18 years. He further argued that the statement u/s 164 Cr.P.C. of the victim was recorded in which she has stated that on 26.9.2009 she went to Pithoragarh from Lohaghat with the applicant where she stayed in the hotel. Thereafter she along with the applicant went to Bhowali and stayed there in a hotel for one day. Thereafter she was taken to Lucknow via Bareilly where she stayed with the applicant in a hotel for about one month. After that she and the applicant came to Tanakpur. Learned counsel for the applicant argued that during this period the victim Madiha travelled nearabout 1000 kms and also passed through densely populated areas by bus, train and other vehicle but she did not made any hue or cry neither did she complaint about it to anybody, which clearly shows that the victim was the consenting party in the said incident. Having considered the submissions of learned counsel for the parties and after going through the papers on record and on perusing the statement recorded u/s 164 Cr.P.C. of the victim, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Fayeem Mohammad be released on bail on his executing personal bond and also on furnishing two sureties in the like amount to the satisfaction of CJM, Champawat. The bail application as well as Misc. Application No.1056 of 2010 stand disposed of accordingly. (Dharam Veer, J.) 19.03.2010 RG