HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 7th March, 2008 1st Bail Application No. 203 of 2008 Order on the bail application of the accused. CRIMINAL SIDE Meharban alias Sachin S/o Yamin Ansari R/o Village Sultanpur Kunhari, Police Station Lakshar, District Haridwar ……… Applicant Versus State of Uttarakhand ………..Opposite Party In Case Crime No. 545 of 2007 U/s 363, 366 and 376 I.P.C. Police Station Jwalapur District: Haridwar. ____________________________________________________________ Hon’ble J. C. S. Rawat, J. Heard Sri. Navneet Kaushik, Advocate for the applicant; Sri B.S. Parihar, Brief Holder for the state; and perused the record. This is a Bail Application of Mr. Meharban alias Sachin who has been challaned in Case Crime No. 545 of 2007 u/s 363, 366 and 376 I.P.C. Learned counsel for the applicant contended that the age of the girl has been shown in the medical report in between 16-17 years; she was employee of OM Products Factory; she left her house on 01.12.2007; she was taken by the accused from his Auto in the morning; the statement recorded u/s 161 Cr.P.C. reveals that she was taken in the market and Galis throughout the day; and at last she was taken to Kaliyar where the offence was committed. It was further contended that the girl was the consenting party because if she had been taken to different places during the course of the day she did not make any hue & cry for the help so that she could have been rescued. It was further contended that there was no external injuries on the body of the girl, as such, she never resisted for the intercourse. Considering the facts and circumstance of the case in totality, it is a fit case for bail. Let the applicant-accused Meharban alias Sachin be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the C.J.M. concerned (J.C.S. Rawat, J.) Dated 07.03.2008 Shiv