IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Original Jurisdiction Dated: Nainital the 19th day of May 2003 Bail Application no.423 of 2003 Order on the bail application of accused. CRIMINAL SIDE Bhagat Singh S/o Hukum Singh, Resident of Village Tukari, P.S. Nanak Matta, District Udham Singh Nagar ------------accused applicant Versus State of Uttaranchal. ------------Opposite Party _______________________________________________________________________ Arising out of case crime no. 459 of 2002 U.Ss. 363, 376,452,504,506 IPC. P.S. Nanak Matta District Udham Singh Nagar. _______________________________________________________________________ By the Court Hon’ble M.M. Ghildiyal, J. Heard Smt. Pushpa Joshi learned counsel for the applicant and Sri H.C. Pandey learned A.G.A. According to prosecution, this is a case of gang rape by son, father and grandfather. According to the complaint, the incident took place on 26.10.2002 and the FIR was lodged on 7.11.2002. The complaint was made U/s 156(3) Cr.P.C. on 31st October 2002; there is no injury in the private parts of the girl. In view of the judgment passed by Hon’ble Allahabad High Court in Cr.A.No. 3166/1976 reported in 1994(31) All. Crl. Case, this is a fit case for bail. Let the accused-applicant Bhagat Singh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Udham Singh Nagar. 19.05.2003: (M.M. Ghildiyal, J.) NCM: