IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.4044/2010. Harchand Balai Vs. State of Rajasthan Date of order : 13/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashvin Garg for the petitioner. Shri Amit Poonia, Public Prosecutor for State. ******
This application for grant of bail pending trial under Section 439 Cr.P.c. Has been filed by the petitioner who is an accused of committing offence under Section 376 IPC.
Learned counsel for petitioner has argued that statement of the prosecutrix recorded under Section 164 Cr.P.C. clearly shows that it was a consent case and that she raised hue and cry only when elder brother of her husband came there otherwise, she has admitted in her statement that she had kept the door open. It is also argued that there is no injury on the lips of the petitioner as alleged by the prosecutrix in her statement. Injuries sustained by the prosecutrix are all created and could be possible on account of beating given to her by elder brother of her husband.
Learned Public Prosecutor has opposed the bail application and submitted that the prosecutrix in her statement has clearly stated that she posed the resistance to the forcible rape on her by the petitioner and that is corroborated by three injuries which she received, one on inner side of the lower lip, another on right thigh and third one on left thigh which all are found on her person when the medical examination conducted on the same day.
In totality of the circumstances, I am not inclined to enlarge the accused petitioner on bail at this stage.
This bail application under Section 439 Cr.P.C. is therefore rejected.
(MOHAMMAD RAFIQ), J.
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