IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.91 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Sushil Kumar S/o Sri Kripa Ram Barthwal ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: March 25, 2010 ____________________________________________________________________ Arising out of Case Crime No.256 of 2009 Under Sections 363/376/506 of IPC P.S. Dalanwala, District Dehradun ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Rajendra Kotiyal, learned counsel for the applicant as well as Sri Amit Bhatt, learned Additional G.A. for the State and also perused the record. Learned counsel for the applicant has argued that the alleged incident was said to have taken place on 10.11.2009 but the FIR was lodged at P.S. Dalanwala on 15.11.2009 at 03:10 PM i.e. after five days. He further argued that as per the medical report, the victim Km. Anjali Negi was major on the date of incident. He further argued that on the basis of the averments made in the FIR, it seems that whatever the incident has happened, that was happened with the consent of the victim and the applicant. It is pleaded that the applicant has got no criminal history and he is in jail since 19.11.2009. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of FIR and on perusing the medical report, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Sushil Kumar be released on bail on his executing personal bond and also on furnishing two sureties in the like amount to the satisfaction of CJM, Dehradun. The bail application is disposed of. (Dharam Veer, J.) 25.03.2010 RG