IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 12th day of February 2008 Criminal Bail Application No. 09 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Praveen Kumar @ Pravindera S/o Ramakant, R/o Manakpur Adampur, P.S. Jhabrera District Haridwar ….….Applicant (In Jail) Versus State of Uttarakhand ……….Opposite Party ______________________________________________ Arising out of Case Crime No.143 of 2006 U/Ss 342/363/366/120-B/376 IPC, P.S. Jhabrera, Distt. Hardwar. Hon’ble Dharam Veer, J. Heard Sri Sanjeev Singh, learned counsel for the applicant and Sri M.A. learned brief holder for the State. In brief the prosecution case is that km. Manju had gone with the present applicant on 14.12.2006 and with the same averments, the FIR was lodged on 18.12.2006 at 18:10 P.M. at P.S. Jhabrera, Distt. Hardwar by Sri Girdhari, grandfather of victim Km. Manju. Learned counsel for the applicant submitted that the victim Km. Manju was recovered by the police on 16.7.2007 and she remained in the company of the present applicant since 14.12.2006 to 16.7.2007 with her own consent. He further submitted that the statements of victim Km. Manju were also recorded under Sections 161 and 164 Cr.P.C. in which she has stated that she had gone along with the present applicant on 14.12.2006 to Roorkee and thereafter to Delhi and she remained with the present applicant till the applicant was arrested by the police at the Iqbalpur Railway Station. He further submitted that in the medical report filed by him along with the bail application as Annexure No.4, the age of victim is shown between 17-18 years and it was also stated in the medical report that no definite opinion could be given about the rape. He further submitted that the victim is a major and is aged about 18 years. He further submitted that the victim had gone with the present applicant with her own consent and she remained with him about seven months and both the parties are the consented parties. After considering all the facts and circumstances, 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 applicant Praveen Kumar @ Pravindera be released on bail on his executing 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.) 12.02.2008 Rajeev Dang