HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 4th May, 2009 First Bail Application No. 353 of 2009 Order on the bail application of the accused. Sheshnath S/o Chhangur …….. Applicant Versus State of Uttarakhand …….. Opposite Party F.I.R. No. 18 of 2009 U/s 376 I.P.C. Police Station Pantnagar District Udham Singh Nagar Hon’ble J. C. S. Rawat, J. Heard Mr. S.K. Mandal, Advocate for the accused/applicant; Mr. Amit Bhatt, Addl. G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; the fact that the victim was below 16 years of age on the date of the incident as stated in the counter affidavit as well as in the statement recorded u/s 164 Cr.P.C. and school certificate; the victim has supported the prosecution version u/s 164 Cr.P.C.; and in the facts and circumstances of the case, it is not a fit case for bail. Accordingly, the bail application is rejected. (J.C.S. Rawat, J.) Dated 04.05.2009 Shiv