IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 15th day of December 2009 Ist Bail Application No.1049 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Dinesh Lal ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 15, 2009 ____________________________________________________________________ Arising out of Case Crime No.298 of 2009 Under Sections 376, 511 and 506 of IPC P.S. Rudraprayag ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri R.P. Nautiyal, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. G.A. for the State and perused the record. Learned counsel for the applicant submitted that as per the averments made in the F.I.R. no offence u/Ss 376/511 of IPC is made out against the applicant. He further submitted no such allegation was made in the FIR that the applicant tried to commit rape with the victim Km. Priya and even the medical report does not support the same fact. He further submitted that the applicant has got no criminal history; he is in jail from last more than four months and the trial of the case has yet not been started. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Dinesh Lal be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Rudraprayag. The bail application is disposed of accordingly. (Dharam Veer, J.) 15.12.2009 RG