IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Ist Bail Application No.1216 of 2009 Order on the Bail application of accused CRIMINAL SIDE Prem Singh S/o Rewat Singh ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.43 of 2009, U/s 376/506 IPC & 3(1)(12) SC/ST Act, Thana Rikhnikhal, District Pauri Garhwal Dated: December 14, 2009 Hon’ble Dharam Veer, J. Heard Sri Kurban Ali, Advocate for the applicant and Sri M.A. Khan, Brief Holder for the State. Learned counsel for the applicant argued that the present FIR was lodged on 02.10.2009 at Thana Rikhnikhal, District Pauri Garhwal with the averments that the applicant-accused committed rape with the victim Km. Manju, aged about 18 years, due to which she became pregnant. It was further argued that the victim Km. Manju in her statement recorded u/s 161 Cr.P.C. stated that she was raped by the applicant-accused before 3-4 months while in the statement of Smt. Rami Devi, mother of victim, it was stated that the rape was committed before 5-6 months whereas the medical report reveals that the victim is pregnant for about 7 months. Hence it was submitted that the oral evidence of the victim does not get corroboration with the oral evidence of her mother as well as with the medical evidence. He further submitted that from the averments made in the FIR and other evidence collected by the I.O., the victim is major i.e. more than 18 years of age on the date of incident and she seems to be a consented party. After considering all the facts and circumstances, upon hearing learned counsel for the parties; perusing the contents of the FIR and other material on record; on perusal of the statements of the victim and her mother recorded u/s 161 Cr.P.C. as well as the medical report of the victim, without expressing any opinion about the final merits of the case, I am of the view that the present applicant deserves bail at this stage. Let the applicant-Prem Singh be released on bail on his executing personal bond and on furnishing two sureties each of the like amount to the satisfaction of Magistrate concerned. The bail application is disposed of accordingly. (Dharam Veer, J.) 14.12.2009 Rajeev Dang