IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.517 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Rihan S/o Iqbal Khan, R/o 28-A Nai Basti, Race course, P.S. Nehru Colony, District Dehradun ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: May 18, 2010 ____________________________________________________________________ Arising out of Case Crime No.25 of 2010 U/s 67 of Information Technology Act and 4/6 Stri Abhist Rupen Pratishodh Act, 1986, P.S. Nehru Colony, District Dehradun ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. Manish Arora, Advocate for the applicant as well as Mr. Amit Bhatt, Addl. Government Advocate for the State and also perused the record. Learned counsel for the applicant/accused argued that the present applicant was arrested by the Police on 12.12.2009 in connection with Crime No.198/2009 u/Ss 363/366/376 IPC and was subsequently released on bail by the order of learned Sessions Judge, Dehradun dated 11.1.2010. He argued that it has been alleged that when the applicant committed the aforementioned offence, during that period, the applicant also prepared the MMS and video clipping of the daughter of complainant. Learned counsel for the applicant further argued that as per Section 300 of Cr.P.C., the applicant cannot be tried twice for the same offence. Having considered the submissions of learned counsel for the parties; perusal of the contents of FIR and other papers available on record and in view of well settled proposition of law, 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 Rihan be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Dehradun. Bail application is allowed accordingly. (Dharam Veer, J.) 18.05.2010 RG