IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 29th day of September 2008 Criminal Bail Application No.723 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Smt. Rajkumari W/o Sri Munish, R/o Village Paiga, P.S. Kashipur, Distt. U.S. Nagar ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.1747 of 2008 U/Ss 343/302/201/376/120-B/404 IPC P.S. Kashipur, Distt. Udham Singh Nagar Dated: September 29, 2008 Hon’ble Dharam Veer, J. Heard Sri Lalit Sharma, Advocate for the applicant Sri M.A. Khan, Brief Holder for the State. In brief the prosecution case is that Mitthan Lal had lodged a FIR with the averments that on 13.3.2008 his daughter namely Neema @ Neha had gone to Rastogi Nursing Home, Kashipur. When she did not come back up till the evening, then he searched for his daughter at his relations. However, even when he could not get success in searching his daughter, then he lodged the report of missing against unknown person on 28.3.2008 at 5:40 p.m. at P.S. Kashipur, District Dehradun. On the basis of this report, the case u/s 364-A IPC was registered against unknown person as Case Crime No.1747/08. Learned counsel for the applicant submitted that the charge sheet against the applicant/accused has been filed by the Investigating Officer after completing the investigation under Sections 343/120-B of IPC and Section 343 IPC is a bailable offence. This fact has been stated by the applicant in para 5 of the affidavit filed along with bail application. In reply, the State has filed counter affidavit and in para 6 of the counter affidavit filed by Sri D.R. Arya, S.H.O., it has been stated that contents of paragraph nos.3, 4 and 5 of the affidavit need no comments as same relates to the averments of the F.I.R. and filing of charge sheet before court concerned. Along with the counter affidavit, the State has also annexed the charge sheet, a perusal of which shows that against the present applicant, the charge sheet has been filed only under Sections 343/120-B IPC. It was further submitted on behalf of the applicant that applicant is in jail since 1.4.2008 and the applicant is having pregnancy of more than eight months and one minor girl, aged about 2 years, is also in the jail along with the applicant. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant Smt. Rajkumari be released on bail on her executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 29.09.2008 Rajeev Dang