BHARAT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail application filed under Section 439 of cr. P. C. by Shri Pankaj Gupta Advocate on behalf of the applicant Bharat lal pertaining to F. I. R. No. 112/2009 at police station Ramgarh Pachwara, district Dausa, in the offences under Sections 363, 366, 457 and 376 of IPC.

(2.) HEARD the learned counsel for the petitioner, learned counsel for the complainant as also learned Public Prosecutor appearing for the State and perused the relevant material available on record.

(3.) LEARNED counsel for the petitioner has canvassed that the prosecutrix did not name the petitioner in the FIR. It is the co-accused bunti who is alleged to have taken from her house to the culvert of village Rampura, from where she was recovered in a perplexed state. Learned counsel has further contended that the prosecutrix in her statements recorded under section 164 of Cr. P. C. has categorically stated that she knew both Bharat lal and Bunti, who used to come to her house. Had she known them from earlier, she would have disclosed the name of the petitioner in the FIR. It is thirteen days after the occurrence, she has falsely implicated the petitioner in this case. Learned counsel has further contended that at the time of occurrence, she was approximately 18 years of age. Thus, from no stretch of imagination it can be inferred that the petitioner was involved in the commission of rape having committed upon the prosecutrix Rekha, as such, he may be granted indulgence of bail.