IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 22nd April, 2009 First Bail Application No.1121 of 2008 Order on the bail application of accused CRIMINAL SIDE Nishchal Thapa S/o late Jeewan Singh Thapa … Applicant Versus State of Uttarakhand … Opposite Party Arising out of Case Crime No.73 of 2008 Under Sections 376, 377 & 506 I.P.C. P.S. Rajpur District Dehradun Hon’ble J.C. S. Rawat, J. Heard Mr. Pawan Mishra, Advocate for the applicant and Mr. Nandan Arya, A.G.A. for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; perusal of the documents filed by the parties; the FIR was lodged for committing unnatural sexual intercourse with the minor girl; whereas in the statement recorded under section 164 Cr.P.C. the victim has stated that the applicant committed rape and not the unnatural sexual intercourse; a Talak- Naama took place in between the mother of the victim and the applicant; the medical report did not support the prosecution version; there is no medical report with regard to unnatural sexual intercourse and the injuries on the person of the victim; the medical report which was filed before this Court shows that no forcible sexual intercourse was committed with the girl; and considering the 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 22.04.2009 LSR