IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 21st day of November 2003 Criminal Misc. Bail Application No. 991/2003 Order on the bail application of accused. CRIMINAL SIDE Surendra Singh S/o Prem Singh R/o village Bharatpur P.S. Jhabrera District Haridwar …….Applicant. Versus State of Uttaranchal ..Opposite party. Arising out of case crime No. 171/2003 U/S 363/366/376 I.P.C. P.S. Gangnahar Roorkee District Haridwar By the court Hon’ble Irshad Hussain, J. Heard Sri H.C.Pathak learned counsel for the applicant and learned A.G.A. for the State. According to the prosecution version the applicant-accused committed rape of a married woman while she was being taken by him on a by-cycle on a pretext that she will be taken to her brother. According to the statement under Section 164 Cr. P.C. her brother came at that place but she did not disclose to her brother that whe had been raped by the applicant-accused. There is also delay in lodging the FIR. Medical evidence about the rape is negative. Considering these aspects he is admitted to bail. The applicant-accused Surendra Singh shall be released in crime No. 171/2003 under sections 363/366/376 I.P.C. P.S. Gangnahar Roorkee District Tehri Haridwar on his executing a personal bond and two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. (Irshad Hussain, J.) Dated: 21.11.2003 Rawat