Prem Singh vs State of Uttarakhand

Prafulla C. Pant, J.—Heard.

Applicant Prem Singh, who is in jail in connection with F.I.R. No. 63 of 2010, relating to offences punishable u/s 363, 366 of I.P.C., police station Kaladhungi, District Nainital, has sought his release on bail.

Learned Counsel for the Applicant drew attention of this Court to copy of statement recorded by the Magistrate u/s 164 of Code of Criminal Procedure, in which the girl (Amina Khatoon) has stated that she is major, aged 20 years, and got married on her own volition with Applicant Prem Singh, on 09.12.2010. Apart from the above, it is pointed out that even as per the report of the Radiologist, the age of the girl was between 16-18 years.

Having considered submissions of learned Counsel for the parties, and after going through the papers on record, this Court is of the view that the Applicant deserves bail.

The bail application is allowed. Let the Applicant Prem Singh be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Nainital.