IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 18th day of August, 2009 Bail Application No. 793 of 2009 Criminal Side Furkan, S/o Maksood, R/o Mohammadpur, P.S. Kotwali Roorkee, District Haridwar …….Applicant Versus State of Uttarakhand .…..Opposite Party. Arising out of Crime No. 122 of 2009, Under Sections: 363, 366 & 376 I.P.C., P.S.: Bhagwanpur, District: Haridwar. Hon’ble Prafulla C. Pant, J. Heard Mr. H.C. Pathak, learned counsel for the applicant and Mr. B.S. Parihar, learned Brief Holder for the State. Applicant- Furkan, who is in jail in connection with Crime No. 122 of 2009, relating to offences punishable under Sections 363, 366 & 376 I.P.C., P.S. Bhagwanpur, District Haridwar, has sought his release on bail. Learned counsel for the applicant submitted that the First Information Report is highly belated, registered after obtaining orders under Section 156(3) Cr.P.C.. It is further submitted that the complainant’s daughter, who is said to have been raped, was in fact married at her own volition with co-accused Babu @ Sirajuddin on 21.05.2009. As per the medical report the girl is major. Copy of the statement, filed with the application recorded by Chief Judicial Magistrate, Saharanpur on 22.05.2009 shows that the girl had made a statement before the Magistrate that her father (complainant) wanted to marry her to one handicapped person and that is why she on her own volition got married to co- accused Babu @ Sirajuddin. The applicant is brother-in-law of said Babu @ Sirajuddin. -2- In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. Let the applicant-Furkan be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Judicial Magistrate, Roorkee. (Prafulla C. Pant, J.) Dt.18.08.2009 NS