IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 12th day of September, 2011 1st Bail Application No.512 of 2011 Order on the Bail Application: CRIMINAL SIDE Ram Swaroop S/o Sri Bhrama Nand R/o Village Safeedo,P.S. Safeedo, District Jind, Haryana, Presently residing at Ram Swaroop Aashram, Sishmajhadi, Muni Ki Reti, District Tehri Garhwal. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of Case Crime/F.I.R.No.19 of 2011 Under Sections- 376, 506, 120B of I.P.C. Police Station-Muni Ki Reti, istrict Tehri Garhwal. D Hon’ble Prafulla C. Pant, J. Mrs. Pushpa Joshi, Senior Advocate, assisted by Mr. Kuldeep Singh Rawal, Advocate, for the applicant. Mr. Nandan Arya, A.G.A., present for the State. Heard. Applicant Ram Swaroop, who is in jail in connection with Crime/F.I.R. No. 19 of 2011, relating to offences punishable under Section 376, 506, 120B of I.P.C., Police Station-Muni Ki Reti, District Tehri Garhwal, has sought his release on bail. It is alleged in the First Information Report that the applicant committed rape with two women. Learned counsel for the applicant pleaded that applicant is an old man and it 2 cannot be said that he was able to commit rape with two women with in a period of one hour. Apart from this, attention of this Court is drawn to the fact that both the women Smt. Richa and Smt. Kamlesh have filed the affidavits that they named applicant Ram Swaroop on the advice of one Sunita Sharma. The short counter affidavit filed on behalf of the State today, shows that aforesaid two women did file affidavits in favour of the applicant. 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 Ram Swaroop, 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, Tehri Garhwal. (Prafulla C. Pant, J.) 12.09.2011 JM