IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 29th day of October 2003 Bail application No. 901 of 2003 Order on the bail application of accused. CRIMINAL SIDE Maneesh S/o Sri Nathuni Jatav R/o Kailashpur P.S. Gadarpur District Udham Singh Nagar …Applicant. Versus State of Uttaranchal ….Opposite Party. ____________________________________________________________ Arising out of case crime No. 259 of 2003 U/S 363, 366, 368, 376 IPC P.S. Gadarpur, District Udham Singh Nagar By the court Hon’ble Irshad Hussain, J. Heard Sri T. A. Khan, learned counsel for the applicant, Sri Lalit Sharma learned counsel for the State and Sri P.S. Saun learned A.G.A. According to the prosecution, it is a case of gang rape. However, the learned counsel for the applicant submitted that the entire prosecusion version is conconcted one. No F.I.R. of the incident was lodged after the victum returned to her house and although the occurance took place in the night of 24/25.6.2003. An application under section 156(3) of the Code of Criminal Procedure was submitted before the learned Magistrate on 1.7.2003 and it is informed that the Magistrate did not pass any favourable order on that application. A revision was preferred and on the direction of the Sessions Judge, the case was directed to be investigated by the police. The statement of the victim Km. Lakhvinder Kaur as recorded under section 161 of the code as well as 164 of the code have major contradictions. As submitted, it was not possible that three culprits along-with the said victim could have gone on motorbike to different places. It is also significance that the girl returned to her house in the eveneing of 25.6.2003 but missing report was filed at the police station by her father late in the night at 10:15 P.M. in which nothing was mentioned regarding the alleged occurance of rape. The victim has changed her version about the actual occurance and the involment of the accused persons. The victim was found to be 18-20 years of age and no opinion of rape was given by medical officer. Considering these facts, the applicant is admitted to bail. The applicant-accused Maneesh shall be released in crime No. 259 of 2003 under sections 363, 366, 368, 376 I.P.C. P.S. Gadarpur, District Udham Singh Nagar on his executing a personal bond and two sureties each in the like amount to the satisfaction of C.J.M. Udham Singh Nagar. (Irshad Hussain, J.) Dt. 29.10.2003 Rawat