IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.519 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Ashok Kumar Sharma S/o Late Lalta Prasad R/o Village Kaber, P.S. Shergarh, District Bareilly (U.P.) ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: May 18, 2010 Arising out of F.I.R. No.268 of 2009 Under Sections 363/366/368/376/506 IPC P.S. Khatima Hon’ble Dharam Veer, J. Heard Mr. M.K. Goyal, Advocate for the applicant as well as Mr. Amit Bhatt, Additional Government Advocate for the State and also perused the record. In brief, the prosecution story is that on 28.11.2009 complainant Mani Ram Tiwari lodged a missing report of her niece Km. Preeti, aged about 12 years, at P.S. Khatima. Learned counsel for the applicant argued that the applicant has been falsely implicated in the aforesaid case. Contrary to this, learned Addl. GA while opposing the bail application of the applicant/accused argued that on 27.11.2009 brother of the applicant/accused, namely, Santosh enticed Km. Preeti and taken her to his house, where he left the victim along with his mother and brother Ashok (present applicant). About one month later, victim Km. Preeti recovered and thereafter her statement u/s 164 Cr.P.C. was recorded before the Magistrate. In her statement, she specifically stated that the applicant committed sexual intercourse with her forcibly. Further, the date of birth of the victim is 11.11.1998, which clearly shows that the victim was less than 12 years at the date of incident. Perusal of the statement of victim Km. Preeti indicates that the applicant committed rape with the victim forcibly. Further, as per the school certificate, the girl was less than 12 years of age i.e. she was minor on the date of incident. Keeping in view all the aforementioned facts and circumstances, gravity and seriousness of the crime, the Court is of the view that a prima facie case is made out against the applicant accused and, therefore, no case for bail is made out. The bail application is rejected accordingly. (Dharam Veer, J.) 18.05.2010 RG