IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 2nd day of December, 2009 1st Bail Application No.554 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Deepak Saklani .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party With 1st Bail Application No.555 of 2009 CRIMINAL SIDE Ashish Sharma .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party 1st Bail Application No.575 of 2009 CRIMINAL SIDE Nitai Mohan Agarwal .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 7 of 2009, U/s 376(2)(G) & 506 IPC P.S. Raipur, District Dehradun. _______________________________________________________________ December 2, 2009 HON’BLE DHARAM VEER, J. Since all these three bail applications pertain to the same crime number and same incident, allegedly committed by these accused, hence these are being decided by this common order. Heard Mr. Ramji Srivastava and Mr. Sandeep Tandon, Advocates for the accused applicants and Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. In brief, the case of prosecution is that on 22.1.2009, complainant Subhash Chand Rawat lodged an FIR with PS Raipur, Dehradun with the averments that his daughter Km. Preeti Rawat aged about 15 years who is a student of class Xth had gone for tuition and after that, she along with her friend Rohit Bhandari who lives in I.R.D.E. Estate, Raipur, went to Nalapani Road for walk and when they reached above the Nalapani village, two motorbikes bearing registration no. UA-07G-2048 and UA-07B-1844 in which five persons were riding came there, they caught hold of the prosecutrix Km. Preeti Rawat and her friend Rohit Bhandari and thereafter one by one they committed rape upon the prosecutrix. They were also making video clipping while committing the rape. After that, they threatened the prosecutrix and her friend not to disclose this incident to anyone, otherwise they will be murdered and her image will be maligned through the said video clipping. Statements of the prosecutrix Km. Preeti Rawat and her friend Rohit Bhandari under Section 164 CrPC also corroborate the version made in the FIR. In her statement under Section 164 CrPC, the prosecutrix has stated that the accused applicants and two other co-accused, viz., Himanshu and Vikas Rawat @ Vikky committed rape with her. They also committed oral sex with her and prepared the video clipping through the mobile. The prosecutrix has identified all these accused in the identification parade. Contents of the FIR and the statements made under Section 164 CrPC are corroborated by the medical examination report. The prosecutrix got serious injuries in her whole body and private parts. Even her vagina had to be stitched by the Medical Officer. Perusal of the contents of FIR; statements of the prosecutrix and her friend under Section 164 CrPC and other papers available on record and the facts and circumstances of the case, prima facie, indicate the involvement of these accused in this heinous crime of gang rape committed with the prosecutrix, who is a minor 2 girl. Therefore, I do not find any ground to enlarge the accused applicants on bail at this stage. All these three bail applications are rejected accordingly. (Dharam Veer, J.) 02.12.2009 PRABODH 3