IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No. 685 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Deepak Kumar S/o Chandra Mohan Bhardwaj, R/o Vill. Bidur goun, Patti Talla Badalpur, Tehsil Lansdown, District Pauri Garhwal …………Applicant (In Jail) Versus State of Uttarakhand -------Opposite party _______________________________________________________ Arising out of Case Crime No.02 of 2008 U/Ss 376/504/506 IPC, Patti Talla Badalpur, Tehsil Lansdown, District Pauri Garhwal Dated: October 1, 2008 Hon’ble Dharam Veer, J. Heard Sri G.S. Negi, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that on 06.06.2008 at about 4:00 P.M., present applicant Deepak had committed rape with victim Km. Rajni. It was also averted that the applicant was continuously committing rape with the victim since April, 2008. With the same averments, Subhash Chandra, father of victim Km. Rajni, lodged the FIR on 14.6.2008 at 4:30 P.M. at Patwari, Talla Badalpur 4, Tehsil Lansdown, Distt. Pauri Garhwal. Learned counsel for the applicant submitted that as per the supplementary medical report of the victim, the age of the victim is above 16 years and below 18 years. He further submitted that as per the medical report, no external or injury was seen on the person of victim at the time of medical examination and no opinion about the rape was given by the medical officer. Hence, he submitted that on the basis of the evidence available on record by way of affidavits of both the parties, it reveals that the applicant Deepak Kumar and the victim Km. Rajni are the consented parties and since the victim is aged about 18 years, hence she was major on the date of said incident. He further submitted that the applicant is in jail for last about three months and the trial has yet not been started and applicant has got no criminal history before this case. After considering all the facts and circumstances, 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 applicant Deepak Kumar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Pauri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) 01.10.2008 Rajeev Dang