IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: The April 5th, 2006 Criminal Misc. Bail Application No. 193 of 2006 Order on the bail application of accused CRIMINAL SIDE Javed S/o Shri Glzar R/o Village Madhopur Hajratpur P.S. Gang Naher, Roorkee District Haridwar ….Applicant Versus State of Uttaranchal ..Opposite Party Arising out of Case of Crime No. 223 of 2005 Under Section 363, 366, 368, 376 IPC & 3(2)(5)S.C. S.T. Act Police Station- Gang Naher Roorkee District Haridwar _____________________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Sri Subhash Chandra Tyagi learned counsel for the applicant and learned A.G.A. for the State. Perused the record. It was contended on behalf of the applicant that the girl was a consenting party. The age of the girl was 17 to 18 years at the time occurrence. It was contended that there were sufficient opportunities to the victim to escape from the place when she was left alone and she could have sought the help from the other persons. The learned counsel for the applicant contended that she was taken from one place to other places and she kept silent and did not make any hue and cry. Considering the facts and circumstances of the case, it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the C.J.M. concerned. (J.C.S. Rawat, J.) Dated 05.04.2006 LSR