S.B. CRIMINAL MISC. BAIL APPLICATION NO. 2803/2007 (Babu Ram @ Kalu Vs. State of Raj.) DATE OF ORDER : 11.7.2007 HON'BLE MR. JUSTICE BHANWAROO KHAN Mr. AR Godara, for the applicant. Mr. Vishnu Kachhawaha, Public Prosecutor. The accused is facing charge under Sections 365 and 376 IPC. Learned counsel pleaded that he was not a person concerned to commit rape and in the statement recorded under Section 164 Cr.P.C., the prosecutrix levelled allegation that Babu Ram put handkerchief on her mouth and thereafter, she became unconscious, but she heard Babu Ram accused saying that she will be finished. In this view of the matter since the offence is committed, at this juncture, the bail application under Section 439 Cr.P.C. of the petitioner Babu Ram @ Kalu is rejected. (BHANWAROO KHAN),J. RM/-