IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.980 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Anwar ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.176/09 U/Ss 376 IPC, P.S. Rudrapur, Distt. U.S. Nagar Dated: November 20, 2009 Hon’ble Dharam Veer, J. Heard Mr. Lokendra Singh, learned counsel for the applicant and Sri B.S. Parihar, learned Brief Holder for the State. In brief the prosecution case is that the applicant-accused Anwar committed rape with the victim Farha, aged about 10 years on 14.4.2009. The applicant-accused is the brother in law (JIJA) of the victim. The report was lodged by Smt. Nazima (aunt of the victim) on 15.4.2009 at 9:15 AM at P.S. Rudrapur. The statement of the victim Farha was also recorded u/s 164 Cr.P.C. before the Judicial Magistrate, U.S. Nagar on 6.5.2009 in which she disclosed that her age is 8-10 years and her brother in law Anwar (applicant) committed rape with her and at that time she was sleeping alone in her house. She further stated that the applicant- accused forcibly committed rape with herand her sister had gone at District Rampur to take the medicine. Learned counsel for the applicant submitted that the applicant has falsely been implicated in the above-said case. Contrary to that, learned brief holder submitted that the applicant is the brother in law (JIJA) of the victim and the victim has specifically stated in her statement u/s 164 Cr.P.C. that the applicant-accused committed rape with her against her wishes. She also specifically described her age as 8-10 years in her statement. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and other material on record, the Court is of the view that it is not a fit case for bail. Therefore, the bail application is rejected. (Dharam Veer, J.) 20.11.2009 Rajeev Dang