S.B.CRIMINAL MISC. BAIL APPLICATION NO.5758/2009
Fateh Singh Vs. The State of Rajasthan
DATE OF ORDER : 9th November 2009
HON'BLE MR.JUSTICE DINESH MAHESHWARI
Mr.Deepak Menaria for the petitioner.
Mr.O.P.Singaria ,Public Prosecutor for State.
....
BY THE COURT
The petitioner, accused of offences under Sections 366, 376, 323,
343 IPC, has moved this application for bail under Section 439 Cr.P.C.
It has strenuously been argued by the learned counsel for the
petitioner that the matter had apparently been of consent where the
prosecutrix had travelled with the petitioner several places and then, the
substantial variance in the accusations as levelled earlier and as levelled in
the statements made later show the attempt on the part of prosecutrix at
exaggeration at the first instance and then changing her stance.
However, looking to the overall facts and circumstances and
particularly the injury report showing at least 2 bruises, one of 10 x 6 cm
size and another of 6 x 4 cm size on the back of the prosecutrix and
abrasion of 3 x 1 cm size on her neck and such injuries being referable to
alleged date of incident, at this stage of the proceedings, this Court does
not feel inclined to grant indulgence to the petitioner.
The bail application moved on behalf of the petitioner Fateh Singh
s/o Prithvi Singh under Section 439 Cr.P.C. stands rejected at this stage.
However, if the petitioner makes a request to the Trial Court for
expeditious proceedings and for examination of the prosecutrix at the first,
the same be given due consideration.
(DINESH MAHESHWARI),J.
MK