HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 16th October, 2008 Bail Application No. 703 of 2008 Order on the bail application of the accused. Kunwar Pal S/o Balbeer …….. Applicant Versus State of Uttarakhand …….. Opposite Party ______________________________________________________________ Case Crime No. 56 of 2008 U/s 363, 376 and 120-B I.P.C. Police Station Kankhal, District Haridwar With Bail Application No. 668 of 2008 Order on the bail application of the accused. Manish Saini S/o Babu Ram Saini …….. Applicant Versus State of Uttarakhand …….. Opposite Party ______________________________________________________________ Case Crime No. 56 of 2008 U/s 363, 376 I.P.C. Police Station Kankhal, District Haridwar Hon’ble J.C.S. Rawat, J. Heard Mr. Vivek Shukla, Advocate for the applicant-Kunwar Pal; Mr. Manish Arora, Advocate for applicant-Manish Saini; Mr. Prabhakar Joshi, Brief Holder for respondent/State; and perused the record. Learned counsel for the applicants contended that the statement of the prosecutrix u/s 164 Cr.P.C. was recorded twice; the former statement recorded on 02/05/2006 did not disclose the name of the applicant Kunwar Pal though he is the resident of the same village; the second statement recorded on 18/06/2008 completely changes the prosecution version given either in the F.I.R. or in the first statement recorded u/s 164 Cr.P.C.; the age of the girl is 20 years according to the F.I.R.; the prosecutrix has gone with the applicants on 18/04/2008 and she returned either on 20/04/2008 or 26/04/2008 as per the statement given u/s 164 Cr.P.C.; and the prosecutrix was taken to different places but she did not complain or made any attempt to come out from the clutches of the applicants which shows that she was the consenting party. Considering the facts and circumstances of the case in totality; contentions of the learned counsel for the parties; and affidavit & the counter affidavit filed by the parties; I find that it is a fit case for bail. Let the accused/applicants be released on bail on each executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat, J.) Dated 16.10.2008 Shiv