IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 27th day of November 2009 Urgency Application 3234/2009. 1st Bail Application No.726 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Naresh .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 78 of 2009, U/s 376 & 328 I.P.C. PS Kichha, District Udham Singh Nagar. _______________________________________________________________ November 27, 2009 HON’BLE DHARAM VEER, J. Mr. Arvind Vashistha with Mr. Pratiroop Pandey, Advocates for the accused applicant. Mr. M.A. Khan, Brief Holder for the State. I am satisfied with the grounds mentioned in the urgency application duly supported by an affidavit. Hence, urgency application is allowed. Heard on the bail application. Learned Counsel for the accused applicant argued that as per the contents of the FIR, the incident was alleged to have taken place on 11.5.2009 and it was alleged that the applicant had made illicit relationship with the complainant Km. Preeti. FIR was lodged on 5.6.2009, but the delay in lodging the FIR could not be explained. He further argued that as per the medical report, the age of the complainant/victim was found to be more than 16 years and less than 18 years and it is settled law that two years margin either on the upper side or lower side can be given. If two years margin on upper side is applied in this case, then her age is worked out as around 20 years. Thus, she was more than 18 years’ old and was a major at the time of alleged incident. Learned Counsel for the accused applicant further argued that the contents of the FIR and other materials available on record indicate that both were the consented parties. He lastly argued that the applicant is in jail since June, 2009 and trial is yet to begin. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and after considering the facts and circumstances of the case and without expressing any opinion on the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Naresh be released on bail on his executing a personal bond and furnishing of two sureties each in the like amount to the satisfaction of CJM, Udham Singh Nagar. Bail application is allowed accordingly. (Dharam Veer, J.) 27.11.2009 PRABODH 2