IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 23rd day of November, 2011 First Bail Application No. 1055 of 2011 Criminal Side Uttam Haldar S/o Anant Haldar R/o Ward No.1, Transit Camp P.S. Rudrapur District Udhan Singh Nagar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No.443 of 2011 Under Sections: 363, 366 and 376 of I.P.C. Police Station: Rudrapur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. Navneet Kaushik, Advocate, holding brief of Mr. D.K.Sharma, Advocate, present for the applicant. Mr. S.S.Adhikari, A.G.A., present for the State. Heard. Applicant– Uttam Haldar, who is in jail in connection with F.I.R. No. 443 of 2011, relating to offences punishable under section 363, 366 and 376 of I.P.C., Police Station Rudrapur, District Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant submitted that the First Information Report is lodged after one week of the alleged incident without there being any explanation for delay. It is pointed out that medical report does not suggest commission of rape. Not only this, the statement of the girl recorded under section 161 of Cr.P.C., discloses that in reply to specific question asked by the Investigating Officer, she has replied that Uttam Haldar (present applicant) did not commit rape on her. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Uttam Haldar, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Dt.23.11.2011 Nahid