1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 5100/2009 Hemraj vs. State of Rajasthan Dated : 04.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Sanjay Singhal, for the petitioner. Mr. Amit Poonia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Sanjay Singhal Advocate on behalf of the applicant Hemraj pertaining to F.I.R. No. 347/2009 of Police Station Kotwali, Baran in the offences under Sections 363, 366, 342 and 376 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner took me to the statements recorded under Section 161 of Cr.P.C. by police and under Section 164 of Cr.P.C. by the Judicial Magistrate and contended that the occurrence is alleged to have taken place on 18.03.2009. On 13.04.2009 both Anjana and Bhagyashree appeared before Superintendent of Police and submitted an application stating that they had gone on excursion of their own and none took them to any place. Both the sisteres wanted to live together with their mother. Then on 06.06.2009 after about three months of the occurrence, the statement of prosecutrix Bhagyshree was recorded under Section 164 of Cr.P.C. which cast doubt about the veracity of the prosecutrix. The petitioner has been falsely implicated. He is innocent and in no way connected with the commission of the offence of rape in the instant case, as such, he may be 2 granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Having considered the submissions made at the bar and scanned the relevant material on record, it is noticed that the prosecutrix Bhagyshree has given detailed statement before the Judicial Magistrate under Section 164 of Cr.P.C. on 06.06.2009 stating that it is the accused Hemraj who ravished both the sisters in between 30.03.2009 to 12.04.2009. I without expressing any opinion on the merits of the case at this stage, do not feel just and proper to grant bail to the petitioner which deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner stands dismissed. (MAHESH BHAGWATI)J. Mak/- 12