IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL Original Jurisdiction Dated: Nainital: the 5th day of February 2008 Bail Application No. 106 of 2008. Criminal Side Surendra Kumar S/o Sri Magra Ram R/o Village Ghandiyal Nowli Patwari Chhetra Pajiyana Tehsil Gairen District Chamoli ...Applicant Versus State of Uttarakhand …..Opposite party. __________________________________________________________________ Arising out of Case Crime No. 4 of 2007 Under Sections: 363, 366 and 376 of I.P.C., :Patwari Chhetra Pajiyara, Tehsil Gairsen, District: Chamoli. __________________________________________________________________ Hon’ble Prafulla C. Pant, J. Heard Sri Dinesh Chauhan, Advocate, holding brief of Mr. N.S. Negi, learned counsel for the applicant and Mr. M.A. Khan, learned Brief Holder for the State. Applicant Surendra Kumar, who is in jail in connection with Crime No. 4 of 2007, relating to offences punishable under Sections 363, 366 and 376 of I.P.C., Patwari Chhetra Pajiyara, Tehsil Gairsen, District Chamoli, has sought his release on bail. It is argued that the girl, who is member of General Caste, is living with the applicant/ accused who is member of Scheduled Caste, on her own volition. In this connection attention of this Court is drawn to Annexure 5 to the bail application. The Annexure 1 to the bail application which is copy of the First Information Report, shows that girl’s mother has refused to accept the custody of the daughter. It appears that earlier allegation of rape was made against one Dinesh Chandra, teacher, thereafter the allegation was made against Ramesh Chandra, Nayab Tehsildar, and now finally the allegation is made against the present applicant with whom the girl is living. Having considered the submission of learned counsel for the parties and after going through the papers on record, This Court is of the view that the applicant deserves bail. Let the applicant Surendra Kumar 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, Chamoli. (Prafulla C. Pant, J.) Vacation Judge Dt.05. 02. 2008 NS