IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 1st day of September, 2009 First Bail Application No. 776 of 2009 Criminal Side 1. Mahesh S/o Suraj Prakash R/o Village Rohan Kala P.S. Karoli, District Karoli (Rajasthan). 2. Vijay, S/o Murari R/o Village Magepura P.S. Madrayal, District Karoli (Rajasthan). 3. Sanu, S/o Karodi R/o Village Magepura P.S. Karoli, District Karoli (Rajasthan). ……...Applicant s Versus State of Uttarakhand ……….Opposite Party Arising out of Case Crime No. 415 of 2008 Under Sections: 364, 366, 376 (2) (G) I.P.C. P.S.: Kotwali District: Dehradun. _____________________________________________________________________________ Hon’ble Prafulla C. Pant, J Heard Shri Sandeep Tandon, Advocate for the applicants and Shri B.S. Parihar, Brief Holder for the State. Applicants-Mahesh, Vijay and Sanu, who are in jail in connection with crime No. 415 of 2008, relating to offences punishable under Sections 364, 366, 376 (2) (G) I.P.C., P.S.: Kotwali, District-Dehradun, have sought their release on bail. In the First Information Report, no one is named. The statement of the girl, recorded after her recovery, shows that she has made allegations of rape against co-accused Radhey Sham (none of the applicants). Annexure-8 to the affidavit, filed with the application, shows that accused Radhey Sham has already been directed to be released on bail, vide order dated 24.02.2009, passed on bail application No. 82 of 2009. Having considered submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that applicants deserve bail. Let the applicants- Mahesh, Vijay and Sanu, be released on bail on executing personal bond by each one of them and furnishing two sureties, for each one of the them, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Dehradun. Dt. 01.09.2009 (Prafulla C. Pant, J.) S