IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.257 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Naveen Panwar ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: 8th March, 2010 ____________________________________________________________________ Arising out of Case Crime No.02/2009 Under Sections 376 and 506 of IPC P.S. Revenue Police Station Birod, District Tehri Garhwal ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Ramji Srivastava, Advocate for the applicant as well as Sri Nandan Arya, AGA for the State and perused the record. Learned counsel for the applicant has submitted that the FIR of the said incident was lodged after seven months wherein it is alleged that during the period of seven months the applicant committed rape upon the victim Nirmala number of times. It is argued that in the Family Register, date of birth of the victim is recorded as 10.10.1990 and in the medical report her age is also recorded 20 years which clearly shows that on the date of incident the victim was major. It is further argued that in the said incident the applicant and the victim Nirmala were the consenting party. It is further argued that the F.I.R. was lodged after seven months of the said incident and there is no expalantion regarding delay in lodging the F.I.R. It is submitted that the applicant is in jail since 4.2.2010. Having considered submissions of learned counsel for the parties and after going through the papers on record, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Naveen Panwar be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Tehri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) 08.03.2010 RG