IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.789 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Suman (Subhan) S/o Jaheer R/o Saharanpur Road, Harbartpur, P.S. Vikas Nagar, District Dehradun State of Uttarakhand Versus ..….Applicant (In Jail) …….Opposite party Dated: August 26, 2010 Arising out of Case Crime No.128 of 2010 Under Sections 363, 366, 376, 506 of IPC P.S. Vikas Nagar, District Dehradun Hon’ble Dharam Veer, J. Heard Mr. Karan Anand, Advocate for the applicant and Mr. Amit Bhatt, Additional Government Advocate for the State. Learned counsel for the applicant has submitted that the victim Km. Shahraj is the consenting party in the entire incident. On 4.5.2010, she went from Dehradun to Saharanpur with the applicant and stayed with him in a Hotel till 8.5.2010, i.e. for about four days and all this happened with the consent of the prosecutrix. Further, as per the medical report, age of victim is between 15 to 17 years and it is settled law that two years’ margin either on higher side or lower side may be taken. Thus, if two years’ margin is given on the higher side, then the girl is major on the date of incident. Having considered the submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant Suman (Subhan) be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Dehradun. The bail application is allowed accordingly. (Dharam Veer, J.) 26.8.2010 RG