IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital : the 25th day of July, 2008 First Bail Application No. 555 of 2008 Order on the Bail Application: CRIMINAL SIDE Abbas @ Goyal ……… Applicant / Petitioner Versus State of Uttarakhand …….. Respondent Arising out of Crime No. 246 of 2007 Under Sections: 323 and 376 I. P. C. and Section 3 (2) (5) of S.C. and S.T. Act. Police Station: Gangnehar Roorkee District : Haridwar Hon’ble V.K. GUPTA, C. J. Mr. Manish Arora, Advocate for the petitioner. Mr. Nandan Arya, Asstt. Government Advocate for the State. Counter affidavit filed. The First Information Report was lodged more than three months after the alleged occurrence. The medical examination of the prosecutrix was also conducted almost four months after the occurrence. That is why in the medical examination, no injuries have been shown. Mr. Nandan Arya, the learned Assistant Government Advocate could not explain the reasons for the delay in lodging of the First Information Report or the medical examination of the prosecutrix. 2 On totality of circumstances, I allow this application, because I am convinced that the petitioner deserves to be released on bail. The petitioner is directed to be released on bail on his executing a bail bond with one surety in the like amount to the satisfaction of the Judicial Magistrate, Roorkee. (V. K. Gupta, C. J.) 25.07.2008 A