HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 23rd March, 2011 1st Bail Application No. 28 of 2011 Order on the bail application of the accused. Sayyad @ Kallu S/o Shareef ……. Applicant Versus State of Uttarakhand …….. Opposite Party In Case Crime No. 41/275/2010 U/S 376 and 506 I.P.C. Police Station ROP Dakpather, Vikas Nagar Dehradun Hon’ble Tarun Agarwala, J. Heard Shri Pramod Bailwal, the learned counsel for the applicant and Shri S.S. Adhikari, the learned A.G.A. for the State. Having heard the learned counsel for the applicant, the court finds that even though the incident is alleged to have taken place on 10th August, 2010, the F.I.R. was lodged on 17th August, 2010 and, there has been a delay of approximately a week. The medical report is not conclusive to indicate that a sexual intercourse had taken place. Consequently, considering the aforesaid facts and other factors, the Court is of the opinion that the applicant is entitled to be enlarged on bail. Let the applicant be enlarged on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of Magistrate concerned. (Tarun Agarwala, J.) Dated 23.03.2011 Shiv