HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 2261 of 2024 Dharampal ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Mani Kumar, Advocate for the applicant. Mr. Siddharth Bisht, A.G.A. with Mr. Himanshu Sain, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in FIR No. 35 of 2024, under Section 376 IPC and Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Jhankaiya, District Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused. 3. According to the FIR, the applicant and the co- accused had been enticing and raping the victim, a young girl of 16 years of age. 4. Learned counsel for the applicant would submit that the victim has not stated that the applicant raped her. The victim has only stated that once, in the night, she was 2 raped by two persons, but she could not identify as to who were those persons, because it was dark in the room. 5. Learned State Counsel would submit that in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”), the victim has stated that the applicant and the co-accused raped her. He would also submit that, in fact, in her statement, the victim has stated that she was carrying the child of the applicant in her womb. 6. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding. 7. In her statement recorded under Section 164 of the Code, the victim has stated that the applicant and the co-accused raped her on multiple occasions. It is stated that the co-accused has already been granted bail. In the court, the victim has not stated anything against the applicant with regard to rape. What she has stated is that one day, two persons raped her, but it was dark in the room, therefore, she could not identify them. Although, in Para 2 of 3 the statement of the victim, the victim tells that she was carrying the child of the applicant in her womb. 8. The Court wanted to know from learned State Counsel as to what is the basis of the statement? He would submit that the Forensic Science Laboratory report is yet awaited. 9. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 10. The bail application is allowed. 11. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 19.02.2025 Ravi Bisht