IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 14th day of October, 2011 First Bail Application No. 755 of 2011 Criminal Side Nawab Ali S/o Shri Ahmed Navi R/o Chunnawala Raipur P.S. Swar, District Rampur (U.P.) ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of FIR no. 79 of 2011 Under Section: 363, 366, 376 IPC Police Station Gadarpur District Udham Singh Nagar -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. D.C.S. Rawat, Advocate, holding brief of Mr. D.K. Sharma, Advocate, present for the applicant. Mr. Nandan Arya, A.G.A., present for the State. Applicant- Nawab Ali, who is in jail in connection with FIR no. 79 of 2011, relating to offences punishable under section 363, 366, 376 IPC, Police Station Gadarpur, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. -2- The girl is said to be around 17 years old. Learned counsel for the applicant pointed out that the girl said to have been taken to Rohtak, and other places for twelve days but she did not prefer to raise any alarm. Medical evidence also does not suggest rape. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Nawab Ali be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Parul 14.10.2011