IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.1074 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Shakeel Ahmed ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party Arising out of Case Crime No.456/09 U/Ss 376 IPC, P.S. Kashipur, Distt. U.S. Nagar Dated: November 20, 2009 Hon’ble Dharam Veer, J. Heard Mr. D.C.S. Rawat, learned counsel for the applicant and Sri B.S. Parihar, learned Brief Holder for the State. In brief the prosecution case is that on 29.8.2009 at about 3:00 P.M., when the victim Shama Parveen, aged about 13 years, had gone to study in Sunehri mosque as usual, then she was called by the applicant-accused on the roof of the mosque where he forcibly committed rape with her. The applicant- accused was Imam in that mosque. The applicant-accused also threatened to kill her in case she would disclose this incident to anyone. With the same averments, the FIR was lodged by Mohd. Yasin, father of the victim on 30.8.2009 at 11:30 A.M. at P.S. Kashipur, Distt. U.S. Nagar. Learned counsel for the applicant submitted that the applicant has falsely been implicated in the above-said case. Contrary to that, learned brief holder submitted that the applicant is the Imam of the said mosque and he called the victim on the roof on the pretext of cleaning and there he committed rape with her forcibly against her wishes and the victim is also a minor. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and other material on record, the Court is of the view that it is not a fit case for bail. Therefore, the bail application is rejected. 20.11.2009 Rajeev Dang (Dharam Veer, J.)