IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.798 of 2010 Order on the Bail application of accused CRIMINAL SIDE Darsan Prasad ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.1366/2010, U/s 363/376 IPC, PS Kotwali Tanakpur, Distt. Champawat Uttarakahd Dated: September 9, 2010 Hon’ble Dharam Veer, J. Heard Mr. UPS Negi, Advocate for the applicant and Mr. Amit Bhatt, Addl. G.A. for the State. Learned counsel for the applicant argued that he is a constable in Railway Protection Force and he was on his duty on 24.4.2010 from 6 PM to 8 PM as well as on 25.4.2010 from 2 AM to 4 AM and this averment has been made in paragraph 7 of the affidavit filed in support of the bail application. In reply thereto, a counter affidavit of Ashok Kumar, SI Tanakpur/IO of the case, has been filed wherein the same facts have been stated that the applicant was on his duty at the relevant point of time. He further submitted that the said incident was shown in the intervening night of 24/25.4.2010 at 1 AM and the distance of Izzat Nagar from the place of occurrence is about 100 kilometers and as such it was not possible for the applicant to travel after kidnapping the girl at 1 AM and after committing the rape with her, to report for his duty again at 2 AM because there is no transport available at that time by which the applicant could travel about 100 kilometers in such a short span of time. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record as well as the averment made in para 7 of the affidavit filed in support of bail application and also the affidavit of Ashok Kumar, IO of the case, 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 the applicant be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Champawat. The bail application is allowed accordingly. (Dharam Veer, J.) September 9, 2010 Rajeev Dang