1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 2nd day of November, 2011 First Bail Application No. 972 of 2011 Criminal Side Mohd. Sharif S/o Shri Ishak R/o Banskhera Kalan P.S. Kashipur District Udham Singh Nagar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No.351 of 2011 Under Sections: 363, 366, 376 of I.P.C Police Station: Kashipur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. R.P.Nautiyal, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. 2 Heard. Applicant– Mohd. Sharif, who is in jail in connection with Crime/F.I.R. No. 351 of 2011, relating to offences punishable under section 363, 366 and 376 of I.P.C, Police Station Kashipur, District Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant submitted that the allegations of rape are made only against co accused Rashid by the girl in her statement, and not against the present applicant. Apart from this attention of this court is drawn to the supplementary report which discloses that the girl was major. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Mohd. Sharif, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kashipur. (Prafulla C. Pant, J.) Dt.02.11.2011 Nahid 3