IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION 1st Bail Application No.963 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Bhagirath .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party __________________________________________________________ Arising out of FIR No.416/2010, U/s 376 IPC, PS Kotwali Rudrapur, Distt. US Nagar __________________________________________________________ Dated: November 9, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Deepak Sharma, Advocate for the applicant and Mr. BS Parihar, Brief Holder for the State. Learned counsel for the applicant submitted that the FIR is delayed by 21 hours and the delay in lodging the FIR has not been explained by the prosecution. Further, the medical report too does not corroborate the prosecution version as according to the medical report, no definite opinion about the rape could be given by the medical officer. Hence there is a contradiction between the averments made in the FIR and the medical report, which creates a reasonable doubt in the prosecution story. After considering all the facts and circumstances and 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 the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, US Nagar. The bail application is allowed accordingly. (Dharam Veer, J.) November 9, 2010 Rdang