1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 11th day of November, 2011 First Bail Application No.653 of 2011 Criminal Side Jitendra Kumar @ Kallu S/o Jagdish R/o Subhash Colony Ward No. 14, Rudrapur District Udham Singh Nagar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No. 199 of 2011 Under Sections: 363, 366, 376/34, 120B of I.P.C. Police Station: Rudrapur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Counter affidavit has been filed on behalf of the state. Same be taken on record. Mr. J.S.Virk, Advocate, holding brief of Shri H.C.Pathak, Advocate, present for the applicant. Mrs. Mamta Bisht, A. G.A, present for the State. 2 Heard. Applicant– Jitendra Kumar @ Kallu, who is in jail in connection with F.I.R. No. 199 of 2011, relating to offences punishable under section 363, 366, 376/34, 120B of I.P.C., Police Station Rudrapur, District Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant submitted that in the statement under section 161 of Cr.P.C., recorded earlier, the girl has made allegations against co accused Jitendra son of Gendan Lal , that he committed rape on her. But in her statement subsequently recorded 164 of Cr.P.C., she has named present applicant Jitendra Kumar @ Kalllu son of Jagdish Shankar as the person who committed rape on her. It is also pointed out from the statement of the girl that she said to have gone Hardwar, Rishiskesh and Rampur, apart from Khatima, but no where, she raised any hue and cry. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Jitendra Kumar @ Kallu, son of Jagdish be 3 released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Dt.11.11.2011 Nahid