IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated : Nainital: the 26th Day July, 2010. Crl.Bail Application No. 705 of 2010 Order on the Bail Application: CRIMINAL SIDE Radhey Shyam @ Pappu S/o Khubi Ram R/o Rampura, Ward No. 8, Rudrapur, P.S. Rudrapur, District Udham Singh Nagar. ……. Application ( In Jail) Versus State of Uttarakhand ……..Opposite Party Arising out o Crime/FIR No. 128 of 2010, Under Section : 363/366/34 of I.P.C. Police Station : Kichha District: Udham Singh Nagar. Hon’ble Prafulla C.Pant,J. Mr. D.K.Sharma, Advocate, present for the applicant. Mr. M.A. Khan, Brief Holder, present for respondent State. Applicant Radhey Shyam @ Pappu, who is in jail in connection with crime/FIR No. 128 of 2010, relating to offence punishable Under Section 363,366 read with Section 34 I.P.C., Police Station Kichha, Distirct Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties and perused the papers on record. Learned counsel for the applicant submitted that complainant’s daughter, who is said to have been abducted, is major. Attention of this Court is drawn to the statement recorded of the victim under Section 161 of Cr. P.C., by the Investigating Officer, annexed with the affidavit filed with the bail application, in which the girl has state that she was 18 years of age. She has further stated that she was not subjected to rape or molestation. In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. The bail application is allowed. Let the applicant Radhey Shyam @ Pappu be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. Dt. 26.07.2010 (Prafulla.C.Pant.,J.) H.Negi