IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th day of January, 2008 Criminal Bail Application No. 37 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Manoj S/o Sukkad, R/o Village Jhindiyan Grant, P.S. Bhagwanpur, District Haridwar. …..Applicant(In Jail) Versus State of Uttarakhand …….Opposite Party Arising out of Case Crime No. 248/2007 Under Section 377/ 506 IPC, P.S. Bhagwanpur, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Sanjeev Singh, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that the present Applicant Manoj has committed the carnal intercourse with Inam against the order of the nature. With the same averment the FIR was lodged by Zinda Hasan on 22.10.2007 at 17:45 hours in Police Station Bhagwanpur, District Haridwar. The said incident was said to be taken place on 22.10.2007 at 9:00 A.M. Learned counsel for the applicant has submitted that the Medical Officer has given the supplementary report in which he has stated that no Spermatozoa Seen. He has further submitted that it creates a doubt in the prosecution story, as the contents of the FIR are not corroborated by the Medical Report. He has further submitted that the applicant is in jail since 24.10.2007 and the trial of the case has not yet been started. He has further submitted that he has got no criminal history before this Case. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, this court is of the view that the present applicant deserves bail at this stage. Let applicant Manoj be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. The bail application is disposed of accordingly (Dharam Veer, J.) January 10, 2008 ARTI