IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 13th April, 2006 Bail Application No.287 of 2006 Order on the bail application of the accused CRIMINAL SIDE Ashok S/o Bishan Singh R/o Village Dhanpura Police Station – Pathari District – Haridwar …Applicant Versus State of Uttaranchal … Opposite Party _____________________________________________________________ In Case Crime No.79 of 2006 U/s 323, 363, 376, 504 I.P.C. Police Station - Jawalapur District - Haridwar Hon’ble J.C.S. Rawat, J. Heard Sri Siddartha Sah-learned counsel for the applicant, learned AGA for the State and perused the record. The accused-applicant is nominated in the F.I.R. It is alleged in the F.I.R. that the victim was enticed away and thereafter she was committed to rape on 9th February, 2006 and burn injuries were caused by in the accused- applicant by the cigarette to the victim. It is also alleged that the victim was beaten by fists and kicks. The medical of the victim was conducted on the same day. It is revealed from the record that the age of the victim was 18 years. Only one abrasions were present on the person of the victim and according to the Doctor these abrasions may be caused by friction. There is no other injuries on the person of the victim. It was contended that the daughter of the complainant was taken to the hospital and she was subjected to the cruelty. When she made hue and cry, her father made a call on the mobile phone and he requested to the applicant to release her daughter. It is further contended that it is not possible that the hue and cry of the victim who was as the hotel will be heard in the village. It was also contended that the applicant has filed a suit for conjugal right before the Family Court, Haridwar which is pending in the court and copy of the same has been filed. Considering the facts and circumstance of the case in totality, it is a fit case for bail. Let the applicant-accused, Ashok be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the CJM concerned. (J.C.S. Rawat, J.) Dated 13.04.2006 Shiv