IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.486 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Bittoo Paswan S/o Hajari Paswan R/o Village Kali, P.S. Vishanpur, District Darbhanga Presently R/o Village Bandhpura, P.S. Katra, District Mujaffarpur ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: May 5, 2010 Arising out of Case Crime No.311 of 2009 U/Ss 363, 366, 504 and 506 IPC P.S. Kotwali, District Dehradun Hon’ble Dharam Veer, J. Heard Mr. Ramji Srivastava, Advocate for the applicant as well as Mr. Amit Bhatt, Additional Government Advocate for the State and also perused the record. Learned counsel for the applicant argued that the victim had gone with the applicant with her own consent and had lived with him for about five months. Further, as per the medical report, age of victim is more than 18 years. It is further argued that on completion of investigation, the Police filed the charge sheet against the applicant under Sections 363/366/504/506 IPC and he was not charge- sheeted u/s 376 IPC as no allegation of rape was proved against the applicant. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of FIR and other papers available on file, 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-Bittoo Paswan be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Dehradun. The bail application is allowed accordingly. (Dharam Veer, J.) 05.05.2010 RG