S.B. CRIMINAL MISC. BAIL APPLICATION NO. 2959/2007 Sukhdeo Singh alias Sukha alias Sukhvinder Singh Vs. State of Rajashan DATE OF ORDER : 2.7.2007 HON'BLE MR. JUSTICE BHANWAROO KHAN Mr. M.K. Garg,for the applicant-petitioner. Mr. Vishnu Kachhawaha, Public Prosecutor. Heard learned counsel for the applicant-petitioner and the learned Public Prosecutor. The allegations were levelled against the accused under Sections 376, 323 IPC and 3(i) (xii) of the SC/ST Act. The statement of the victim recorded under Section 161 Cr.P.C. does not warrant the accused to be enlarged on bail at this stage. The challan has already been filed and the case has been committed to court of learned Sessions Judge for trial. At this juncture, the bail application under Section 439 Cr.P.C. is rejected with liberty to the petitioner to file afresh as and when the statement of victim is recorded before the trial court. The trial court is directed to record the statement of victim after framing the charges as early as possible preferably as first witness. (BHANWAROO KHAN),J. RM/-