IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 28th day of April, 2010 Ist Bail Application No. 422 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Dharampal .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 71/2010, U/s 363/366/376/342/504/120B IPC, PS Vikas Nagar, District Dehradun. April 28, 2010 HON’BLE DHARAM VEER, J. Heard Mr. BS Adhikari, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that in the statement of victim Km. Payal recorded under Section 164 CrPC before the Magistrate, she has not made any allegation regarding rape against the accused applicant. Copy of the aforesaid statement has been annexed as Annexure No. 3 to the counter affidavit filed on behalf of the State. Learned Counsel for the applicant further argued that as per the medical report, the age of victim is more than 18 years. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, statement of victim U/s 164 CrPC, medical report and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Dharampal be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) PRABODH