IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the August 30, 2006 Criminal Bail application no. 801 of 2006 Order on bail application of accused CRIMINAL SIDE Rajkumar S/o Basanta R/o Village Rampur, Raighati P.S. Laksar District Haridwar .........Applicant Versus State of Uttaranchal ..........Opposite Party ----------------------------------------------------------------------------------------- Arising out of Case Crime No. 523 of 2006 Under Section 363, 366, 376 I.P.C. P.S. Kotwali City Haridwar District Haridwar By the court Hon’ble B.C. Kandpal, J. The applicant has applied for bail case Crime No. 523 of 2006 under Section 363, 366. 376 I.P.C., P.S. Kotwali City Haridwar, District Haridwar. Heard Sri Parikshit Saini, learned counsel for the applicant, learned A.G.A. for the State and perused the record. Perusal of the First Information Report shows the specific allegations made against the applicant. The medical examination report of the prosecutrix further reveals that the age of the prosecutrix was found between 12 to 14 years at the time of the occurrence. Learned counsel for the applicant has submitted that it is a case of consent. I fail to appreciate the argument advanced by the learned counsel for the applicant, as keeping in view the age of the prosecutrix, the consent becomes immaterial. Having considered the material available before me at this state, I do not find it a fit case for bail at this stage. Accordingly, the bail application is rejected. (B.C. Kandpal, J.) 30.08.2006 ASWAL