IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.491 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Nessa @ Katuram R/o Village Lamgrant, P.S. Bhagwanpur, District Haridwar ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: May 5, 2010 Arising out of Case Crime No.117/2009 U/S 376 of IPC P.S. Bhagwanpur, District Haridwar Hon’ble Dharam Veer, J. Heard Mr. Sanjeev Singh, Advocate for the applicant as well as Mr. Amit Bhatt, Additional Government Advocate for the State and also perused the record. Learned counsel for the applicant argued that the alleged incident was said to have taken place on 6.6.2009 however the FIR was lodged on 14.6.2009 i.e. after eight days of the incident. It is further argued that initially, on completion of investigation, final report was submitted in this case but later on reinvestigation was done in which also no direct evidence has been found that the applicant has committed rape with the victim Km. Usmita. It is further argued that as per the supplementary report of the victim, in the vaginal smear examination, no dead or alive spermatozoa were seen. Further, the age of victim has been determined more than 18 years. It is pleaded that the applicant has no previous criminal history and he is in jail since 8.9.2009. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of FIR and other papers available on file, 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-Nessa @ Katuram be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Haridwar. The bail application is allowed accordingly. (Dharam Veer, J.) 05.05.2010 RG