HIGH COURT OF UTTARANCHAL AT NAINITAL Bail Application No. 651 of 2006 CRIMINAL SIDE Anuj s/o Sri Jal Singh R/o Village Kharakpur, Devipura, P.S. Kashipur, District U.S. Nagar .........Applicant/Applicant Versus State of Uttaranchal ..........Opposite Party ------------------------------------------------------------------------ case crime No. 2840 of 2006 Under Section 376 I.P.C. Police Station Kashipur, District U.S. Nagar. By the Court Hon’ble Rajesh Tandon, J. Heard Sri Pushpa Joshi, Advocate for the applicant and the A.G.A. for the prosecution. Accused applicant has applied for bail in case crime No. 2480 of 2006 under section 376 I.P.C. Police Station, Kakshipur, District Udham Singh Nagar. F.I.R. has been loged against three accused persons Anuj, Arjun and Rajan alias Raj for the offence of rape punishable under section 376 I.P.C. According to the prosecution, the accused persons have committed rape on the person of Km. Kiran. Counsel for the applicant has submitted that the prosecutrix in her statement under section 161 Cr. P.C. has stated that she loves Anuj and she has gone with him on her free will. She has also denied that rape was committed by Anuj or his colleagues on her person. Statement of the prosecutrix was also recorded under section 164 Cr. P.C. before the Magistrate, where the prosecutrix has disowned her statement under section 161 Cr. P.C. and alleged that Anuj, Arjun and Rajan have committed rape on her person. Accused applicant has filed supplementary affidavit and filed affidavit of the prosecutrix. A perusal of the affidavit of Km. Kiran shows that she has contradicted her earlier statement under section 164 Cr. P.C. and stated that she gave such statement under the influence of police and her parents. It has been submitted that co-accused Arjun has also been released on bail by the Sessions Judge. Thus in view of the entire facts and circumstances of the case, it is fit case for bail. Let the accused applicant be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Magistrate concerned. Rajesh Tandon, J. Dated: 24.11.2006 *Dhyani