IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th day of March, 2010 Urgency Application No. 841/2010 Ist Bail Application No. 89 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Hayat Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 1628/2009, U/s 376, 452 IPC, PS Bageshwar, District Bageshwar. _______________________________________________________________ March 10, 2010 HON’BLE DHARAM VEER, J. Mr. Vinod Sharma, Advocate for the applicant. Mr. M.A. Khan, Brief Holder for the State. I am satisfied with the reasons stated in the urgency application. Hence, urgency application is allowed. Heard on the bail application of the accused applicant. Learned Counsel for the accused applicant argued that the alleged incident happened on 30.11.2009 at 9 pm and the FIR was lodged on 6.12.2009 at 10.15 am after six days of the said incident and this delay in lodging the FIR has not been explained by showing the sufficient cause. He further submitted that as per the medical examination report of the victim, she is about 18 years’ old and no spermatozoa was found in her vaginal smear, which creates reasonable doubt on the prosecution story. He further argued that the incident allegedly took place in the house of the victim itself who was major at the time of said incident and it indicates that she was a consented party. He lastly submitted that the accused applicant is in jail since 9.12.2009 and the chargesheet against him has already been submitted and now there is no chance to tamper with the evidence. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Hayat Singh be released on bail on his executing a personal bond and furnishing of two sureties, each in like amount, to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 10.3.2010 PRABODH 2