IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 17th day of September 2008 II Criminal Bail Application No.532 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Rewadhar S/o Sri Bhola Dutt R/o Village Mandhanthpur, P.O. Pawalgarh, P.S. Ramnagar Disttrict-Nainital (Uttarakhand) ------ Applicant (In Jail) Versus State of Uttarakhand ------ Opposite party ____________________________________________________________________ Arising out of Case Crime No.479 of 2007 U/s 376, 323 I.P.C., 3(1), XII & 3(2)(V) SC/ST Act, P.S. Kaladhungi, Distt. Nainital. ____________________________________________________________________ Hon’ble Dharam Veer, J. Heard Smt. Pushpa Joshi, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. The first bail application was dismissed as not pressed on 24.10.2007. In brief the prosecution story is that on 13.8.2007 at about 8 p.m. co-accused Harish Bhardwaj has committed a rape with the victim Km. Kavita and the applicant was assigned a role for caught hold at the time when co-accused was committing a rape with her. With the same averments, F.I.R. was lodged by Ramesh Chandra, brother of the victim Km. Kavita on 14.8.2007 at 9:35 a.m. at P.S. Kaladhungi, Nainital. Learned brief holder for the State has filed counter affidavit in which he has annexed the statement of the victim Km. Kavita, which she has given before the trial court. In the statement recorded in the trial court, victim Km. Kavita has stated that both the accused persons, namely, Revadhar and Harish Bhardwaj have committed a rape with her against her wishes. Learned counsel for the applicant has submitted that the statement was given by the prosecutrix before the trial court that the rape was committed by the present applicant Rewadhar and the co-accused Harish Bhardwaj but the Medical Officer has opined that only attempt to rape was committed. Learned counsel for the applicant has submitted that this statement creates a doubt in the prosecution story. I do not find substance in the argument of learned counsel for the applicant due to the reason that this is case of gang rape where the two persons including the applicant have committed a rape with the victim Km. Kavita forcibly against her wishes as she has stated in her statement recorded in the trial court. After considering all the facts and circumstances as discussed above, the applicant-Rewadhar does not deserve bail. The bail application is rejected accordingly. (Dharam Veer, J.) 17.09.2008 RG