IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 22nd day of May 2008 Criminal Second Bail application no. 117 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Yashwant Singh S/o Sri Sohan Singh, R/o Village Pagna, Patwari Circle Mankhi, Tehsil & Distt. Chamoli ... Applicant Versus State of Uttarakhand ... Opposite party Arising out of case crime no.02/2007 U/Ss, 376/506 IPC, Patwari Circle Mankhi, Distt. Chamoli Hon’ble Dharam Veer, J. Heard Sri Vinod Sharma, learned counsel for the applicant/ accused and Sri Harish Pujari, learned Addl. G.A. for the State. This is the second bail application moved by the applicant. The first bail application was dismissed as not pressed on 31.12.2007 and that was not dismissed on merit. In brief, the prosecution case is that the applicant committed rape with Km. Asha with the assurance that he would marry with her. When the applicant refused to marry with Km. Asha and when the victim was having seven months child in her womb, then the FIR was lodged by the father of the victim namely Kedar Singh on 6.11.2007 at 2:00 P.M. before Patwari Cricle Mankhi, Distt. Chamoli. Learned counsel for the applicant submitted that the victim Km. Asha is 20 years old girl as is mentioned in para 2 of the FIR. He further submitted that if at all the contents of the FIR are presumed to be correct, then also, it seems to be a consented party. He further submitted that the FIR was lodged after the seven months of the incident which also creates a doubt in the prosecution story. He further submitted that the applicant is in jail since 22.11.2007 and trial has yet not been started. 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 applicant deserves bail at this stage. Let the applicant/accused Yashwant Singh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Chamoli. The bail application is disposed of accordingly. (Dharam Veer, J.) 22.05.2008 RDang: