IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 26th day of February 2008 Criminal First Bail application no. 173 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Deepak S/o Ramgopal, R/o village Jamalpur Kalan, P.S. Khankhal, District Haridwar. ......Applicant /appellant Versus State of Uttaranchal ........ Opposite Party ______________________________________________________________ Arising out of Case crime No. 363/07 U/Ss, 376 I.P.C. and Section 3(1)(12) S.C.S.T. Act, Police Station – Ranipur. District Haridwar. ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Parikshit Saini learned counsel for the applicant/ accused and Sri Harish Pujari, learned A.G.A. for the State. The prosecution case, in brief, is that the victim Rupali has gone from her house on 10.12.07 to Nav Jyoti Foundation, New Delhi for mental and physical peace. A F.R.I. was lodged by Sri Jai Pal Singh, father of the victim, against the present accused/applicant and against co-accused Sachin on 13.12.07 at 11:00 P.M. at Police Station Ranipur, district Haridwar. Learned counsel for the applicant has submitted that later on the accused was arrested on 16.12.07 and the statements of the victim Rupali were recorded u/s 164 Cr. P.C. before the Magistrate. In her statements, the victim has stated that she has gone to Nav Jyoti Foundation on 10.12.07 according to her own wishes for her mental and physical peace. It is submitted that in the medical report, the age of the girl has been shown more than 19 years, thus she is major. It is further submitted that the girl has got love affairs with the accused before the incident and she wants to marry with the accused Deepak. Learned counsel for the applicant has further submitted that the victim is consented party and she is major. It is further submitted that in the statements recorded u/s 164 Cr. P.C. the victim has stated that she had gone to Nav Jyoti Foundation according to her own wishes and not with the present accused. It is submitted that the applicant has no criminal history before this case. It is lastly submitted that the accused is in jail since 16.12.2007 and the trial of the case has yet not started. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Deepak be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) February 26, 2008: NCM: