IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.1025 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Radhey S/o Pyare Lal ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.199/09, U/Ss 376/506 IPC, P.S. Sahaspur, District Dehradun Dated: December 14, 2009 Hon’ble Dharam Veer, J. Heard Mr. R.K.S. Verma, Advocate for the applicant and Mr. Amit Bhatt, learned Addl. GA for the State. In brief the prosecution case is that in the month of April, 2009, victim Km. Rajini was called by accused Shanni in the house of Hukman Singh where the applicant- accused Radhey along with co-accused Zishan committed rape with her forcibly against her wishes as a result of which she became pregnant. With these averments, the FIR was lodged by the mother of the victim Smt. Rajwati on 11.7.2009 at 5:00 PM at P.S. Sahaspur, Distt. Dehradun. The victim Km. Rajini was medically been examined thereafter and the averments made in the FIR also get full corroboration from the medical report as well. The State has also filed a counter affidavit along with which the statement of the victim recorded before the Magistrate u/s 164 Cr.P.C. has been annexed, in which she stated that the applicant/accused Radhey and co-accused Jishan committed rape with her forcibly while co-accused Shanni was standing outside the room. The date of birth certificate of the victim has also been annexed with the counter affidavit in which the date of birth of the victim has been mentioned as 15.8.1998 which means that she was about 11 years of age on the date of incident. From a perusal of the contents of the FIR, the medical report and the statement of victim recorded u/s 164 Cr.P.C., it transpires that the victim, who was only 11 years of age, was subjected to gang rape by the applicant-accused Radhey along with co-accused Jishan. From a perusal of the contents of the FIR and other material brought on record, on hearing learned counsel for the parties; the statement of the victim recorded u/s 164 Cr.P.C. as well as the date of birth certificate of the victim, I am of the view that the applicant does not deserve bail at this stage. The bail application is accordingly rejected. (Dharam Veer, J.) 14.12.2009 Rajeev Dang