1 S.B. Cr. Bail Application No. 5/2008 (Ganesh Swami Vs. State of Rajasthan) Date of order : 05.02.2008 HON'BLE MR.H.R.PANWAR,J. Mr. S.L.Jain for the petitioner. Mr. J.P.S.Choudhary, P.P. Mr. Niranjan Singh for the complainant. Heard learned counsel for the parties. Perused the order impugned and challan papers. It is contended by learned counsel for the petitioner that the prosecutrix was a party consenting for the sexual intercourse. She has been writing letters to the petitioner. Learned public prosecutor and the counsel appearing for the first informant opposed the bail application and invited my attention to the statement of the prosecutrix recorded by the Judicial Magistrate under Section 164 Cr.P.C. In her statement, the prosecutrix has categorically stated that she was subjected to forcible sexual intercourse against her will and without her consent under the threat that else the petitioner would kill his school going son. In her statement, she also stated that even after the crime, the petitioner has been threatening her either to withdraw the case or not to make any statement against him. 2 Thus, from the statement of the prosecutrix, it appears that the petitioner has threatened the victim prosecutrix not to make statement against him or change the statement. In the circumstances, therefore, unless the statement of the prosecutrix is recorded by the trial court, it would not be proper to release the petitioner on bail. Looking to the gravity of the offence, I am not inclined to grant bail to the petitioner. The bail application filed by the petitioner under Section 439 Cr.P.C. is therefore, dismissed. However, it will be open for the petitioner to move a fresh bail application after the statement of prosecutrix is recorded by the trial court. (H.R.PANWAR), J. rp