IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the October 28, 2009 Criminal Bail Application No. 1033 of 2009 Order on the bail application of accused CRIMINAL SIDE 1. Brijesh S/o Nanku 2. Nessa S/o Katu Ram Both R/o Village Badi Lamgrant Police Station Bhagwanpur District Haridwar … Applicants Vs State of Uttarakhand … Opposite Party -------------------------------------------------------------------------------------------- Arising out of Case Crime No. 117 of 2009 Under Sections 376 of I.P.C. Police Station Bhagwanpur District Haridwar By the court Hon’ble B.C. Kandpal, J The applicants have applied for bail in Case Crime No. 117 of 2009, under Section 376 of I.P.C., Police Station Bhagwanpur, District Haridwar. Heard Sri Manish Arora, learned counsel for the applicants, Sri S.S. Adhikari, learned A.G.A. for the State and perused the record. The prosecutrix Km. Usmita was subjected to rape by both the persons. The statement of the prosecutrix was also recorded under Section 164 Cr.P.C. in which she has stated Brijesh and Nessa, both have committed rape upon her. The medical examination report indicates that the age of the prosecutrix is about 15 years. Learned counsel for the applicants has submitted that in the supplementary medical report, the doctor has opined the age of the prosecutrix is more than 18 years. The school-leaving certificate indicates that the date of birth of the prosecutrix has been mentioned has 03.07.1994. Under the aforesaid circumstance, I do not find, it is a fit case for bail at this stage. Accordingly, the bail application is rejected. (B.C. Kandpal, J.) 28.10.2009 ASWAL