IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 25th day of August, 2009 Bail Application No. 832 of 2009 Criminal Side 1. Omkar S/o Phullu 2. Pravesh S/o Kishanpal Singh Both R/o Village Lehaboli, P.S. Manglore, District Haridwar (U.K.) …….Applicant Versus State of Uttarakhand ..…..Opposite Party. Arising out of Case Crime No. 225 of 2009, Under Sections: 363, 366, 376 I.P.C., P.S.: Manglore, District: Haridwar. Hon’ble Prafulla C. Pant, J. Heard Mr. K.S. Verma, learned counsel for the applicants and Mr. B.S. Parihar, learned Brief Holder for the State. Applicants – Omkar and Pravesh, who are in jail in connection with Case Crime No. 225 of 2009, relating to offences punishable under Sections 363, 366, 376 I.P.C., Police Station Manglore, District Haridwar, have sought their release on bail. From the statement of the girl recorded under Section 161 Cr.P.C., copy of which is filed with the affidavit accompanying the bail application, shows that the girl has nowhere named either of t he applicants Omkar or Pravesh. She has specifically stated that she was raped by accused Sandeep. From the First Information Report also it appears that it was Sandeep and one Sonu who took the girl in their scooter. As to the role of the present applicants Omkar and Pravesh only this much is mentioned in the First Information Report that their motorcycle was following the scooterists. Having considered the submissions of learned counsel for the parties, since the statement of the girl recorded under Section 161 Cr.P.C. does not show if she was raped by the present applicants, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicants deserve bail. Let the applicants- Omkar and Pravesh be released on bail on executing a personal bond by each one of them and furnishing two sureties for each one of them, each of the like amount, to the satisfaction of the Judicial Magistrate, Roorkee. (Prafulla C. Pant, J.) Dt.25.08.2009 NS