Sandeep Mehta, J. - (1.) The present bail application has been filed under Section 438 Cr.P.C. The petitioner apprehend his arrest in connection with F.I.R. No. 237/2012, registered at Police Station Nohar for the offences under Sections 363, 366, 342 and 376, I.P.C.
(2.) Learned counsel for petitioner submits that in this case, upon the initial missing persons report filed by the husband of the prosecutrix, the prosecutrix Mst. 'M' was recovered and she was examined on 25.5.2012. The prosecutrix Mst. M in her statement did not level any allegation against anybody, rather stated that she herself went away to her relatives house. Thereafter, belatedly the F.I.R. was filed on 31.5.2012. In the said F.I.R. also, the principal allegation was against co-accused Viju son of Surja Ram, against whom, the prosecutrix alleged that he induced her by giving a false promise of getting her a Government job and then committed rape with her repeatedly. Learned counsel submits that in the said F.I.R., there is no allegation whatsoever against the petitioner Ram Singh. He further submits that thereafter the prosecutrix was examined under Section 164 Cr.P.C. and in the said statement, she has made no allegation against petitioner Ram Singh. Learned counsel submits that Viju alias Vijay Kumar has been granted pre-arrest bail by the order of this Court dated 17.8.2012 passed in S.B. Criminal Misc. Bail Application No. 5134/2012, as such, the petitioner deserves to be granted bail.
(3.) Per contra, learned Public Prosecutor has vehemently opposed the bail application.;