IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 23rd day of September, 2011 1st Bail Application No.482 of 2011 Order on the Bail Application: CRIMINAL SIDE Sunil Kumar @ Sonu S/o Mangat Ram R/o Village Daduwala P.S. Jaspur District Udham Singh Nagar ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of F.I.R. No. 62 of 2011, Under Section- 363, 366A, 376 I.P.C., P.S. Jaspur, District Udham Singh agar. N Hon’ble Prafulla C. Pant, J. Mrs. Pushpa Joshi, Senior Advocate, assisted by Mr. J.S. Virk, Advocate, present for the applicant. Mr. T.C. Agarwal, Additional G.A., present for the State. Mr. B.S. Parihar, Advocate, present for the complainant. Heard. Applicant Sunil Kumar @ Sonu, who is in jail in connection with Crime/F.I.R. No. 62 of 2011, relating to offences punishable under Section 363, 366A, 376 I.P.C., Police Station- Jaspur District- Udham Singh Nagar has sought his release on bail. Learned counsel for the applicant submitted that applicant is a physically handicapped person, as is evident from Annexure No.2 filed with the affidavit, with the bail 2 application. Attention of this Court is also drawn to Annexure No. 11 filed with the counter affidavit and it is pleaded that the gist of statement of the girl recorded under Section 164 of Cr.P.C., shows that there is no mention that the applicant committed rape on the victim. In the above circumstance, 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 Sunil Kumar @ Sonu, be released on bail on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kashipur (Urgency application No. 3576 of 2011, stands disposed of). (Prafulla C. Pant, J.) 23.09.2011 JM