KANWALJIT SINGH AHLUWALIA,J. - (1.) The present second bail application has been filed under Section 439 Cr.P.C. for grant of a regular bail to the petitioner in a case arising out of FIR No. 18/2016, registered at Police Station Kanwas, Kota, for the offences under Sections 420, 406, 379 and 376 I.P.C. and Section 3, 4, 5 and 7 of the Drug and Magic Remedies Act, 1954.
(2.) Earlier bail application filed by the petitioner bearing S.B. Cr. Misc. Bail Application No. 6121/2016 was dismissed as withdrawn on 27.5.2016, with liberty to the petitioner to renew prayer for bail after the prosecutrix (name withheld to protect her identity) is examined as witness. The order dated 27.5.2016 passed in S.B. Cr. Misc. Bail Application No. 6121/2016, reads as under:- andquot;The learned counsel for the petitioner having argued the matter at some length, has prayed that he may be permitted to withdraw the present bail application with liberty to renew the prayer of bail after statement of the prosecutrix is recorded by the trial court. As prayed, the present bail application is dismissed as withdrawn with liberty aforesaid. A direction is issued to the trial court to examine the prosecutrix as first witness.andquot;
(3.) The learned counsel for the petitioner has annexed the statement of the prosecutrix recorded by the trial court along with present second bail application. The prosecutrix appeared in the trial court as P.W.1. The learned counsel for the petitioner has read the statement of the prosecutrix and has stated that her statement is improbable and unnatural. The learned counsel for the petitioner has referred to the last portion of the statement to urge that it can be safely inferred that the prosecutrix herself was a consenting party. The prosecutrix in her statement stated that the accused said something in her ears and thereafter she had not raised noise and slept and the accused left the house in the morning.;