IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 20th April, 2009 First Bail Application No.120 of 2009 Order on the bail application of accused CRIMINAL SIDE Prateek @ Monu S/o Trilok Singh Verma … Applicant Versus State of Uttarakhand … Opposite Party Arising out of case crime No.226 of 2008 Under Sections 376, 506 I.P.C. P.S. Doiwala District Dehradun Hon’ble J.C. S. Rawat, J. Heard Mr. Arvind Vashisht, Advocate for the applicant and Mr. B. S. Parihar, Brief Holder for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; perusal of the documents filed by the parties; in the statement recorded under section 164 Cr.P.C. the victim has stated that when she shouted for help, her maternal uncle (Mama) immediately reached at the spot; there is no mention about the distance in between the shop and the house of informant; the fact that it is stated that her maternal uncle usually comes to take lunch during the course of the day; the statement of informant shows that when he came to his house for taking lunch, he heard the cry of the victim and found the accused applicant committing the offence and the girl was resisting as she was making cries; the fact that there is no injury on the private part of the lady; there is no other injuries on her person; the girl is more than 16 years of age at the time of incident; and considering the facts and circumstances of the case, it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S.Rawat, J.) Dated 20.04.2009 LSR