IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of February 2008 Criminal Bail Application No. 96 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Sandeep Kumar S/o Sri Prem Lal, R/o Village Uttarau, Patwari Circle-Girsa, Tehsil Pokhari, District Chamoli. ………………...Applicant / appellant Versus State of Uttarakhand ---------Opposite party Arising out of Case Crime No. 2 of 2006 U/Ss 363, 366, 120, I.P.C. Patwari Circle Girsa, Tehsil Pokhari, District Chamoli. Hon’ ble Dharam Veer, J. Heard Sri R.P. Nautiyal, learned counsel for the applicant/ accused and Sri M.A. Khan, learned Brief Holder for the State. The prosecution case, in brief, is that the complainant/Anasi Devi on 12.12.2006 at about 12:00 p.m. has lodged a report with the Circle Patwari and it is alleged in the report by complainant that some persons have given her daughter in the custody of one Rakesh Singh on 09.09.2006. With the same averments a F.I.R. was lodged by Anasi Devi on 12.12.2006 at Patwari Circle Girsa, district Chamoli while the incident had taken place on 09.09.2006. Learned counsel for the accused/applicant has submitted that the accused/applicant is not named in the F.I.R.; even the F.I.R. has been lodged after about three months of the date of incident and the delay of lodging the report has not been explained. In the statements of Smt. Jyoti, recorded in the Court of Sessions, Chamoli, on oath, she did not support the prosecution case and she has been declared hostile. In the statements recorded in the Court, she has stated that she is married with Rakesh according to her own wishes. It is further submitted that the victim was medically examined by the Investigating officer and her X-Ray was conducted and in the opinion of the doctor her aged is about 24 years’. It is further submitted that her statements were recorded in the C.J.M. Court and in the Court She has stated that her aged is 22 years. In the above circumstances, learned counsel for the applicant has submitted that the victim Smt. Jyoti has married with Rakesh according to her own wishes. It is further stated that Smt. Jyoti is major. The F.I.R. of the incident, which taken place on 9.9.2006, has been lodged on 12.12.2006 i.e. after about three months. It is further submitted that Smt. Jyoti and Rakesh are consented party and their marriage has been taken place. No allegation has been made against the present accused in the F.I.R. and also in the statements recorded before the Courts. 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 Shandeep Kumar 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. Chamoli. February 18, 2008: (Dharam Veer, J.) NCM: