IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 11th September, 2008 Criminal Bail Application No.696 of 2008 Order on the bail application of accused CRIMINAL SIDE Rahees Ahmad @ Soni S/o Sri Sabir Husain R/o Milk Gangora P.S. Haldore District Bijnore … Applicant Versus State of Uttarakhand … Opposite Party Arising out of case crime No.50 of 2008 Under Section 363, 366Ka, 323, 506, 376 & 120B IPC P.S. Patelnagar, Sadar District Dehradun Hon’ble J.C. S. Rawat, J. Heard Mr. Ramji Srivastava, learned counsel for the applicant and Mr. Nandan Arya, learned A.G.A. for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; the FIR contains that the applicant-accused alongwith other co- accused enticed and took away the victim in presence of her brothers and father; in the statement recorded under section 161 Cr.P.C. the victim has stated that the applicant called her to talk with him and something was smelled to her, she became unconscious and she was taken away with them; and in the statement recorded under section 164 Cr.P.C. the victim has not stated about the commission of rape and she has stated in the statement recorded under section 164 Cr.P.C. that when she was going to the prayer and nobody was in the house the applicant-accused and co-accused took her forcibly from her house; and the victim has stated in the statement recorded under section 161 Cr.P.C. that her age was about 18 years, I deem it proper to release the applicant- accused on bail. Therefore, it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S.Rawat, J.) Dated 11.09.2008 LSR