IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION 1st Bail Application No.957 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Sonu Kannajia @ Sumit Kumar .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party __________________________________________________________ Arising out of FIR No.451/10, U/s 363/366/376 IPC, PS Rudrapur, Distt. US Nagar __________________________________________________________ Dated: November 9, 2010 HON’BLE DHARAM VEER, J. Heard Mr. VD Bisen, Advocate for the applicant and Mr. BS Parihar, Brief Holder for the State. Learned counsel for the applicant submitted that the victim Santosh Rawat had gone from her house on 4.5.2010 and she came back on 25.8.10 while the FIR was lodged on 29.8.10, however the delay of four months in lodging the FIR has not been explained by the prosecution. Further, as per the medical report, the victim is more than 16 years and below 18 years and if two years’ age margin is given on the higher side, then definitely she was major on the date of incident. Further, the victim remained with the applicant for about four months and she went with the applicant to Shimla, Banaras and Faizabad, however she did not raise any hue and cry, though she had roamed at number of cities in densely populated areas and she also traveled with the applicant by Train, Bus and other vehicles. This conduct of the victim itself shows that she is a consented party and she was also major on the date of incident. Further, even in her statement u/s 164 Cr.P.C., she has not stated that the applicant had committed rape with her. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, US Nagar. The bail application is allowed accordingly. (Dharam Veer, J.) November 9, 2010 Rdang