IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.804 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Sanjay Saini ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.192 of 2008, U/Ss 363, 366-A, 368, 376 of I.P.C., Police Station Gangnaher, Roorkee District Haridwar Dated: January 28, 2009 Hon’ble Dharam Veer, J. Heard Sri Navneet Kaushik, learned counsel for the applicant and Sri Nandan Arya, learned AGA for the State. In brief the prosecution case is that victim Shivani had gone with the present applicant on 8.7.2008 at 1.00 p.m. With the same averments, F.I.R. was lodged by Isam Singh, father of the victim, on 12.7.2008 in Police Station Gangnaher, District Haridwar. Learned counsel for the applicant submitted that as per supplementary medical report age of the victim is more than 18 years and it was also stated by the Medical Officer in the supplementary medical report dated 26.7.2008 that no spermatozoa was seen dead or alive. No definite opinion about the rape can be given. He has further submitted that the victim was married on 24.11.2007 and for that victim Smt. Shivani has moved the complaint in the court of Chief Judicial Magistrate on 18.1.2008 against his father Isam Singh and brother Ankit. The copy of the complaint has been filed as Annexure-3 along with Bail Application and statement under Section 200 of Cr.P.C. recorded by Smt. Shivani in the court of Chief Judicial Magistrate has been filed as Annexure-4 along with Bail Application, in which victim Smt. Shivani has stated that she is the married wife of the applicant and she has stated her age 19 years in her statement. Learned counsel for the applicant has further argued that whatever the incident happened, that happened with the consent of the applicant and the victim Smt. Shivani and both are major and the F.I.R. is delayed and no explanation of delay in lodging the F.I.R. has been given. After considering all the facts and circumstances, 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 applicant Sanjay Saini be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) Vacation Judge 28.1.2009 SP