IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No. 597 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Jamshed .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 100/2010, U/s 363A, 376G, 506 IPC, PS Jawalapur, District Haridwar. June 28, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Sanjeev Singh, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that the alleged incident is said to have happened on 30.3.2010 and the FIR of this incident could be lodged on 5.4.2010, but delay in lodging the FIR has not been explained by showing the sufficient cause. He further argued that even as per the medical report, the victim Km. Nargis is more than 18 years old and no rape was committed on her. He also argued that Km. Nargis is a consented party and she has gone along with the accused applicant as per her own wish and stayed with him for about 24 hours. He also submitted that the applicant has got no previous criminal history, who is in jail since 20.4.2010 and the trial is yet to begin. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, statement of the victim recorded under Section 161 CrPC, medical reports and other papers available on record; 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 applicant deserves bail at this stage. Let the applicant Jamshed be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Haridwar. Bail application is allowed accordingly. (Dharam Veer, J.) 28.6.2010 PRABODH 2