JUDGMENT U. C. Dhyani, J. Applicant-Nannu @ Nandan Arya who is in jail in connection with FIR No.43 of 2016, relating to offences punishable under Sections 363 & 366A of IPC, at Police Station Kathgodam, District Nainital, has sought his release on bail. 2. Heard learned counsel for the parties, perused the material brought on record and considered the grounds taken up in the bail application. 3. A first information report was lodged by the mother of victim against the present applicant alleging therein that informant’s daughter aged 15 years who has passed class X, fled away with the present applicant with cash of Rs.50,000/-. When the search of victim was conducted, she was found in Jamrani forest whereupon she again fled away from the clutches of the informant with the present applicant. 4. Learned Sessions Judge, Nainital vide order dated 13.07.2016 came to the conclusion that victim was below 16 years at the time of alleged offence. She has found that it is a case of kidnapping of minor girl from lawful guardianship. The victim in her statement under Section 164 Cr.P.C. has categorically stated before the Magistrate that she is in love with the present applicant and she went with the applicant on her own volition. Victim further stated that applicant was innocent and has been falsely implicated. The statement of Medical Officer has also been enclosed with the counter affidavit. The Medical Officer opined that no spermatozoa, died or alive, was found in the pathological report of the victim. She did not sustain any injury either. The Medical Officer has not further commented upon sexual assault, if any, being meted to her (victim). 5. The applicant was sent to jail on 09.06.2016 and he has no previous criminal history. 6. Considering the facts and submissions narrated above, a case of bail is made out in favour of the present applicant. 7. The Bail application is allowed. Let the applicant-Nannu @ Nandan Arya be enlarged on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the court concerned. 8. If at any point of time, it is found that the applicant is misusing the bail, the learned court below shall be at liberty to cancel his bail, in accordance with law.