IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 23rd day of September, 2011 First Bail Application No. 439 of 2011 Criminal Side Sifat Kaji S/o Massoor Ahmed Kaji R/o Turner Road, Lane No. 3 Clement Town, Dehradun ……...Applicant ( in Jail) Versus State of Uttarakhand through Secretary Home Secretariat Complex, Dehradun …..….Opposite Party Arising out of case crime no. 23 of 2011 Under Section: 376 (2)g/323/504/506 IPC Police Clement Town District Dehradun ____________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. D.K. Sharma Advocate, present for the applicant. Mr. Nandan Arya, A.G.A, present for the State. Applicant- Sifat Kaji , who is in jail in connection with crime no. 23 of 2011, relating to offences punishable under section 376(2)g/323/504/506 IPC, Police Station Clement Town, District Dehradun, has sought his release on bail. Heard learned counsel for the parties. -2- Though the allegations in the FIR are serious in nature, but attention of this Court is drawn to the statement of the girl (victim) recorded by the trial court (Sessions Judge, Dehradun) on 09.09.2011, in Sessions Trial no. 119 of 2011, wherein she has not supported the prosecution story against the applicant, and she was declared hostile. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Sifat Kaji, be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Dehradun. (Prafulla C. Pant, J.) Parul 23.09.2011