IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the May 16th , 2006 Criminal Bail Application No. 407 of 2006 Order on the bail application of accused CRIMINAL SIDE Lakhpat Singh S/o Shri Raghubir Singh R/o village Musadhung P.S. Rudraprayag Tehsil Jokholi District Rudraprayag …….Applicant Versus State of Uttaranchal ….Opposite Party Arising out of case crime No.144 of 2006 Under Sections 376, 417, 506 IPC Registered on the basis of FIR dated 20.02.2006 P.S. Rudraprayag District Rudraprayag Hon'ble J.C.S. Rawat, J. Heard Sri R. P. Nautiyal learned counsel for the applicant and learned A.G.A. for the State. Perused the record. The case diary is available with the learned AGA. It was contended on behalf of the applicant that the victim was a consenting party and as such there is no offence against the applicant. It was further contended that on the one hand the victim has stated that the rape was committed without her consent. On the other hand, she has stated that the applicant committed rape upon her on the assurance that he would solemnize marriage with her. Considering the contentions, facts and circumstances of the case, it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 16.05.2006 LSR