IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.755 of 2010 Order on the Bail application of accused CRIMINAL SIDE Brijesh Thapliyal S/o Krishna Thapliyal, R/o Khadri Road, Shyampur, Rishikesh, District Dehradun Versus ……….Applicant (In Jail) State of Uttarakhand ------- Opposite party Arising out of Case Crime No.232 of 2010, U/s 363/366-A/376/504/506 IPC, PS Rishikesh, Distt. Dehradun Dated: August 28, 2010 Hon’ble Dharam Veer, J. Counter affidavit filed today by the State be taken on record. Heard Mr. BN Molakhi, Advocate for the applicant and Mr. Amit Bhatt, learned Addl. G.A. for the State. Learned counsel for the applicant argued that as per the FIR, the applicant had relations with the victim Rupali Rastogi since 7.9.2009 and the FIR was lodged on 27.5.2010 and as per the medical report, she is aged about 20 years. Further, the victim was major on the date of incident and she was a consented party and even the FIR was lodged after about eight months of the said incident and by then, both of them were having relations with each other. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record, 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 the applicant be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Dehradun. The bail application is allowed accordingly. August 28, 2010 Rajeev Dang (Dharam Veer, J.)