IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 22nd day of August, 2005 Criminal Misc. Bail Application No.795/2005 Order on the bail application of accused CRIMINAL SIDE Gama Pahalwan S/o Asak Ali R/o Village Parmanand Pur, P.S. - Kashipur District – Udham Singh Nagar .….. Applicant Versus State of Uttaranchal ….…. Opposite Party Arising out of case crime No.2052 of 2005 U/s 363, 366 I.P.C., 3(2) v S.C. & S.T. Act Police Station - Kashipur District – Udham Singh Nagar Hon’ble J. C. S. Rawat, J. Heard Smt. Pushpa Joshi, learned counsel for the applicant, learned A.G.A. and perused the record. Learned counsel for the applicant contended that the medical examination report of three Doctors’ panel was that the first joints are fused completely at the time of medical examination and the age of the girl was also found to be more than 18 years. It was further contended the victim was a consenting party. Considering the facts and totality of the circumstances of the case, it is a fit case for bail. Let the applicant-accused namely, Gama Pahalwan, be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the A.C.J.M., Kahsipur. Dated 22.08.2005 (J.C.S. Rawat, J.) Shiv