IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 9th day of January, 2008 Criminal Bail Application No.1431 of 2007 Order on the Bail application of accused. CRIMINAL SIDE Vipin Chandra S/o Keshwanand Joshi, R/o Pindari Road Bageshwar, District Bageshwar ….Applicant (In Jail) Versus State of Uttarakhand ……….Opposite Party _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Arising out of Case Crime No.199 of 2007 U/Ss 420/342/376/506 IPC & 3(1)(12) of SC/ST Act, P.S. Kapkot, Distt.Bageshwar Hon’ble Dharam Veer, J. Heard Sri Ganesh Kandpal, learned counsel for the applicant and Sri M.A.Khan, learned brief holder for the State. In brief the prosecution case is that victim Heere Rawat had gone with the present applicant with the assurance that the applicant would marry with her and the victim Heera Rawat remained with the present applicant from 26.8.2007 to 19.9.2007. When the applicant refused to marry with her, then victim Heera Rawat lodged the FIR on 30.10.2007 at 11:20 AM at P.S. Kotwali Bageshwar, Distt. Bageshwar. Learned counsel for the applicant submitted that victim Heera Rawat is about 27 years of age and in the medical report, no opinion was given about the rape. He further submitted that the victim Heera Rawat is a major and about 27 years of age and whatever the incident was happened, that was happened with the consent of both the parties and the present applicant is in jail since last about 1 ½ months. After considering all the fact and circumstances, without expressing any opinion about the final merit of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant Vipin Chandra be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Bageshwar. (Dharam Veer, J.) January 9, 2008 Rajeev Dang