IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of December 2009 Ist Bail Application No.1109 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sanjay Kumar @ Soni ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 18, 2009 ____________________________________________________________________ Arising out of Case Crime No.228/2009 Under Sections 376, 363, 366, 504 and 506 of IPC P.S. Sahaspur, District Dehradun ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Pratiroop Pandey, learned counsel for the applicant as well as Sri M.A. Khan, learned brief holder for the State and also perused the record. In brief, the prosecution story is that on 9.8.2009 at 07:30 AM complainant Wali Mohammad lodged a report at Police Chowki Sabhawala, District Dehradun alleging therein that on 6.8.2009 the applicant-accused by enticing her daughter Km. Shabnam took her away with him. Counter affidavit has been filed by the State wherein at Para-7 it is stated that the Investigating Officer during the course of investigation collected the school leaving certificate of the prosecutrix Km. Shabnam issued by the Head Master, Government Junior High School, Sherpur, Dehradun. As per the school leaving certificate the date of birth of the prosecutrix is 10.8.1995. Copy of this certificate is annexed as Annexure No.CA-6 to the counter affidavit. Learned Brief Holder for the State stated that as per the aforesaid certificate date of birth of the prosecutrix is 10.8.1995 i.e. she was 14 years old on the date of incident. He has further stated that the victim Km. Shabnam in her statement recorded u/s 164 Cr.P.C. has clearly stated that on the date of incident she was alone in her house. The applicant-accused came to her house and forcibly took her away to Shimla where he committed rape upon her. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the FIR; the statement of victim recorded u/s 164 Cr.P.C. and the fact that the victim was minor on the date of incident, I do not find any ground to release the applicant on bail. The bail application is accordingly rejected. (Dharam Veer, J.) 18.12.2009 RG