IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 15th day of July, 2008 Second Bail Application No. 497 of 2008. Criminal Side Harish Chandra, S/o Sri Ishwari Dutt Bhardwaj, R/o Village Pawalgarh, P.S. Ramnagar, District Nainital. ………………Applicant Versus State of Uttarakhand ………..Opposite Party. _________________________________________________ Arising out of Crime No. 479 of 2007, Under Sections: 376, 323, I.P.C. & 3(1) XII & 3(2) SC/ST Act, P.S.: Kaladhungi, District: Nainital. Hon’ble Prafulla C. Pant, J. Heard Smt. Pushpa Joshi, learned counsel for the applicant and Sri Tanuj Semwal, learned A.G.A. for the State. This is second bail application moved on behalf of applicant Harish Chandra, who is in jail in connection with Crime No. 479 of 2007, relating to offences punishable under Sections 376, 323, I.P.C. and one punishable under Section 3(1)(XII) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kaladhungi, District Nainital, seeking his release on bail. The first bail application was rejected on merits, after hearing the parties on 31.01.2008. The allegations made in the First Information Report are serious in nature. Learned counsel for the applicant drew attention of this Court to the statement of P.W.4 Dr. Usha Jangpangi, who had examined the girl and stated that only one finger could be easily inserted in the vagina of the victim and two fingers with difficulty. On its basis, it is argued that it cannot be said that the girl was raped. However, the further statement of the same Medical Officer shows that there were abrasions and redness around vagina and the same was said to be painful. Having considered the submissions of learned counsel for the applicant and learned A.G.A. for the State, this Court is of the view that what is more important in this case is the statement of victim. The allegations in the First Information Report are that the girl was dragged from the motorcycle on which she was going with her brother and taken towards jungle, where two accused, including the applicant pounced on the girl to commit rape. The girl is member of Scheduled Caste. Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the applicant. The second Bail Application is rejected. (Prafulla C. Pant, J.) Dt. 15.07.2008 NS