IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal II Bail Application No.139 of 2008 Order on the Bail application of accused CRIMINAL SIDE Surendar and another ……….Applicants (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.122 of 2006, U/s 376 IPC, P.S. Bhagwanpur, Distt. Hardwar Dated: March 19, 2009 Hon’ble Dharam Veer, J. Heard Sri Rajendra Singh, learned counsel for the applicants and Sri M.A. Khan, learned Brief Holder for the State. This is second bail application moved by the applicants. The first bail application was dismissed as not pressed on 10.9.2007 and that was not decided on merit. In brief the prosecution case is that on 29.7.2006 at about 12:00 P.M., victim Punam was taken from her house by Mahavir S/o Atar, Bablu @ Zulfa S/o Rana, Vikram @ Shamar and Manga S/o Jahru. It was also alleged that the victim Punam was taken from the house for solemnizing the marriage with Mahavir. With the same averments, an FIR was lodged on 1.8.2006 at 5:00 P.M. at P.S. Bhagwanpur by Om Prakash, father of victim. Later on in the statement of victim recorded u/s 164 Cr.P.C., the names of applicants/accused came into light and after the investigation, the I.O. submitted the charge sheet before the court. During the course of trial, the statement of victim Punam was recorded, copy of which has been filed by learned Brief Holder in the Court today. In cross- examination, she has stated that Surendar and Manga S/o Phool Singh, who committed rape with her, were not present in the court. However, the applicants/accused were present in the trial court on that day in the judicial custody. Learned counsel for the applicants has argued that as the victim has not given the statement before the trial court against the applicants/accused, hence they are entitled for bail. He further submitted that co-accused Sher Singh has been released on bail by the order of this Court dated 31.1.2008 which was subsequently corrected by this Court on 7.7.2008, hence the applicants are entitled for bail on the basis of parity. He further submitted that the applicants are in jail since 5.6.2007. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage. Let the applicants-Surendar S/o Samera and Mange Ram S/o Phool Singh be released on bail on each of their executing personal bond and on furnishing two sureties each in the like amount to the satisfaction of J.M., Roorkee. The bail application is disposed of accordingly. (Dharam Veer, J.) 19.03.2009 Rajeev Dang