IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 23rd day of April, 2010 Urgency Application No. 1477/2010 In Ist Bail Application No. 292 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Kulveer .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 312/2009, U/s 363, 366, 376 IPC, PS Laksar, District Haridwar. April 23, 2010 HON’BLE DHARAM VEER, J. Mr. Sanjeev Singh, Advocate for the applicant, Mr. Amit Bhatt, Addl. GA for the State and Mr. Vivek Shukla, Advocate for the complainant. In view of the reasons mentioned in the accompanying affidavit, urgency application is allowed. Heard on the bail application of the accused applicant. Learned Counsel for the accused applicant submitted that as per the medical report, the age of the victim is about 18 years. He further submitted that even the victim in her statement under Section 164 CrPC before the Magistrate has not made any allegation of rape against the accused applicant. He also submitted that the applicant has got no previous criminal history, who is in jail since 16.12.2009. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, medical report, statement of victim under Section 164 CrPC and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Kulveer be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 23.4.2010 PRABODH 2