Judgment Sudhanshu Dhulia, J. (Oral) Heard Mr. M.K. Ray, Advocate, for the applicant and Mr. P.S. Saun, learned Deputy Advocate General for the State of Uttarakhand. The applicant is an accused and is in jail having been implicated in F.I.R. No.49/2014, which has been registered under Sections 363/376/506 of I.P.C. and Section 3A/4 of the Protection of Children from Sexual Offences Act, 2012 at Police Station – Sitarganj, District – Udham Singh Nagar. As per the first information report the age of the girl is 13 years whereas according to the medical examination report, age of the girl is 13-15 years. Even if it is assumed, as argued by the learned counsel for the applicant, that the physical relation was made with the consent of the girl, it is still prima facie a case of rape. Considering the overall evidence which is presently available before this Court, prima facie this Court is not inclined to grant bail to the applicant. The bail application is hereby rejected.