IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 31st day of December, 2009 Ist Bail Application No.1279 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Mukesh & Another .….Applicants (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 1776of 2009, U/s 363, 366-A IPC, PS Narendra Nagar, District Tehri Garhwal. _______________________________________________________________ December 31, 2009 HON’BLE DHARAM VEER, J. Mr. Sandeep Kothari, Advocate for the accused applicants. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. Heard. In brief, the prosecution case is that Km. Deepa had gone from her house along with the accused applicants on 25.8.2009. She was seen in Rishkesh on 26.8.2009 by Kunwar Singh Rana. On the basis of this information, FIR was lodged on 27.8.2009 at 2 am with PS Narendra Nagar. Learned Counsel for the accused applicants submitted that Km. Deepa has been shown to be recovered from the Roadways Tiraha, Rishikesh along with the accused applicants. He has further submitted that the age of Km. Deepa has been shown to be above 18 years after her medical examination. No leaving or dead spermatozoa was found in her vaginal smear and no definite opinion about the rape could be given in the medical report. He further submitted that the contents of FIR, medical report and recovery memo indicate that Km. Deepa was a consented party and was major on the date of incident and she had gone along with the accused applicants with her own consent. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, medical report, recovery memo and other papers available on record and in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicants deserve bail at this stage. Let the applicant Mukesh and Smt. Bimla Devi be released on bail on executing a personal bond by each of them and furnishing of two sureties, each in like amount, by each of them to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 31.12.2009 PRABODH 2