HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 30th June, 2009 1st Bail Application No. 569 of 2009 Order on the bail application of the accused. Om Prakash S/o Ratibhan ……. Applicant Versus State of Uttarakhand …….. Opposite Party F.I.R.No.175 of 2008 U/s 363, 366, 376, 323 and 325 I.P.C. Police Station Sitarganj District – Udham Singh Nagar Hon’ble J. C. S. Rawat, J. Heard Mr. S.K. Mandal, Advocate for the applicant; Mr. Amit Bhatt, Addl. G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; statement recorded u/s 164 Cr.P.C. of the victim; the fact that school certificate reveals that admittedly the victim is below 16 years of age; the fact that there is sufficient evidence against the accused/applicant; apart from the above, the facts mentioned in para-6 of the counter affidavit filed by the State; and in the facts and circumstances of the case, it is not a fit case for bail. Accordingly, the bail application is rejected. Vide order dated 26/06/2009 the accused have been summoned from the jail on 30th June, 2009 and the connected files were also summoned for the perusal of the Court. Perusal of the connected files reveals that these cases are being posted before the Appropriate Bench. Hence, the accused who have been summoned before the Court are directed to be present before the Registrar (Judicial) for informing the date of the cases. Thereafter, the accused Om Prakash and Harpal Singh be returned to the concerned jail. (J.C.S. Rawat, J.) Dated 30.06.2009 Shiv