IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of February 2008 Criminal Bail Application No. 78 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Shabbo Khan S/o Sri Bafait Khan, R/o village Manihar Goth, Tanakpur, Police Station Tanakpur, District Champawat. ….Applicant/appellant Versus State of Uttaranchal …….Opposite Party ______________________________ Arising out of case crime no.2153 of 2007 U/Ss 376 I.P.C. Police Station Tanakpur, District Champawat. ______________________________ Hon’ble Dharam Veer, J. Heard R.S. Sammal, learned counsel for the applicant/accused and Sri M.A. Khan, learned Brief Holder for the State. The Prosecution case, in Brief, is that Zabir has committed rape with the complainant/prosecutrics alongwith another person when the victim was going from Nepal alongwith her daughter. With the same averments a First Information was lodged by the prosecutrics on 06.12.2007 at 09:35 p.m. at Police Station Tanakpur, District Champawat. Learned counsel for the applicant, first of all, has submitted that Smt. Meera Sharma has lodged the report with wrong name and lateron in the police custody she has disclosed her as Sushma Devi and was handed over to the custody of her father as Sushma Devi. He has further submitted that in the Medical Examination, the age of the victim is shown as 22 years, and she is major. It is further submitted that statements of the co-accused were recorded in the policy custody by the Investigating Officer and in the police custody the co-accused Zabir has disclosed the name of the present accused. It is submitted that the statements of the co-accused recorded by the police is not admissible against the present accused/applicant as per the law. It is further submitted that there is nothing in the evidence of Zabir recorded by the police. And lastly, it is submitted that the accused/applicant is not named in the F.I.R. It is further submitted that the applicant has not got any criminal history. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Shabbo Khan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Champawat. The bail application is disposed of accordingly. (Dharam Veer, J.) February 18, 2008: NCM: