IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 3rd day of January, 2008 Criminal Bail Application No. 05 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Naresh S/o Raj Pal, R/o Village Kishanpur, P.S. Bahadarabad, District Haridwar. ….Applicant (In Jail) Versus State of Uttarakhand ……….Opposite Party ______________________________________________________________ Arising out of Case Crime No.284 of 2007 Under Sections 363/366/376 IPC, P.S. Laksar, District Hariwar. Hon’ble Dharam Veer, J. Heard Sri Rajendra Singh, learned counsel for the applicant and Sri Harish Pujari, learned Additional Government Advocate for the State. In brief the prosecution case is that on 26.10.2007 at 20:30 hours at P.S. Kotwali Laksar, Distt. Haridwar, the FIR of missing of Km. Ritu was lodged by her maternal uncle Kuldeep Kumar. Thereafter, on 31.10.2007, another FIR was lodged by the same person namely Kuldeep Kumar in P.S. Kotwali Laksar, Distt, Haridwar showing the incident of 25.10.2007 and it was averted in the FIR that the applicant along with co-accused namely Rajesh, Sudhir and Sulendra @ Sonu had taken the victim Km. Ritu from her house. Learned counsel for the applicant has submitted that victim Km. Ritu was recovered on 1.11.20007, and in her statement recorded u/s 161 Cr.P.C. on 1.11.20007, she has not stated that the present applicant committed rape with her. He has further submitted that victim Km. Ritu is about 20 years of age and her date of birth is 25.07.1987 and he has also filed a copy of certificate issue by Board of School Education Uttarakhand as Annexure No.5 to the bail application in which her date of birth has been mentioned as 25.071987. He has further stated that the victim Km. Ritu has been married with co-accused Sulendra Kumar on 28.10.2007 and he has also annexed the marriage certificate issued by Arya Samaj, Janak Nagar as Annexure No.6 to the bail application. He has further submitted that the victim Km. Ritu was major on the date of marriage and victim Km. Ritu had gone with the co-accused Sulendra with her own consent and both the parties are the consented parties. He has further submitted that victim Km. Ritu has made an application to the police and she also filed an affidavit before S.O. Laksar, Distt. Haridwar and in that affidavit, she has stated her date of birth as 25.07.1987 and she also stated that she had married with the co-accused Sulendra on 28.10.2007 with her consent. He has further submitted that the co-accused Sulendra @ Sone has been released on bail by this Court on 26.12.2007 and on the basis of parity the present applicant is also entitled for bail. He has further submitted that the applicant is in jail since 2.11.2007 and the trial of the present case has not yet been started and he has got no criminal history before this case. After considering all the facts and circumstances, without expressing ant opinion about the final merit of the case, this court is of the view that the present applicant deserves bail at this stage. Let applicant Naresh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of J.M. Roorkee. The bail application is disposed of accordingly. (Dharam Veer, J.) January 03, 2008 ARTI