IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 20th day of December, 2011 1st Bail Application No.1204 of 2011 Order on the Bail Application: CRIMINAL SIDE Gulam Sabir S/o Naseem Ansari, R/o Village Dhanpura, P.S. Pathri, District Haridar. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of Case Crime No. 52/162 of 2011 Under Section- 354, 506, I.P.C. and under Section 4/6 of the Indecent Representation of Women (Prohibition) Act 1986 and Section 67 of Information echnology Act, Police Station- Pathri, District-Haridwar. T Hon’ble Prafulla C. Pant, J. Mr. S.K. Shandilya, Advocate, present for the applicant. Mr. S.S. Adhikari, A.G.A., present for the State. Heard. Applicant Gulam Sabir, who is in jail in connection with Crime No. 52/162 of 2011, relating to offences punishable under Section 354, 506 I.P.C., and one punishable under Section 4/6 of The Indecent Representation of Women (Prohibition) Act 1986 and Section 67 of Information Technology Act, Police Station- Pathri, District Haridwar, has sought his release on bail. 2 The First Information Report is delayed by twenty five days. It is pleaded on behalf of the applicant that informant (victim) is aged fifty years. It is further submitted that children of the informant are of the age of the present applicant. It is contended that story mentioned in the F.I.R. is highly improbable, as according to the F.I.R. itself the incident was not a planned one and it is hard to believe that in such situation, that two persons were waiting for the applicant Gulam Sabir to come with the woman. It is further submitted that the mobile phone said to have been recovered from the applicant did not have multimedia facility. 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 Gulam Sabir, be released on bail, on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Haridwar. (Prafulla C. Pant, J.) 20.12.2011 JM