1 S.B. CR. MISC.BAIL APPLICATION NO.3291/2007 (Vishnu Vs. State of Raj.) DATE OF ORDER : 18.7.2007 HON'BLE MR. JUSTICE BHANWAROO KHAN Mr. J.S. Khichi,for the applicant-petitioner. Mr. Vishnu Kachhawaha, Public Prosecutor. Heard learned counsel for the petitioner and learned Public Prosecutor for the State. The accused is facing charge under Section 376 IPC, in which the statement of prosecutrix under Section 164 Cr.P.C. was recorded. In the said statement she categorically stated that there was an accused, who committed rape with her. Learned counsel pleaded that prior to lodging of this FIR against him, he himself lodged an FIR under Section 452, 341, 323, 147, 148, 149 IPC, in which one of the accused happens to the husband of the prosecutrix and because of this false FIR, FIR has lodged against him. At this stage, it is not to be seem that how and why in what manner the prosecutrix has lodged the FIR against him. Simplicity, it is mentioned that after investigation, police filed a challan against the accused for the said offence. 2 At this juncture, it is not a fit case to enlarge the petitioner on bail under Sec. 439 Cr.P.C. Accordingly, the bail application filed by petitioner- Vishnu under Section 439 Cr.P.C. is rejected. (BHANWAROO KHAN),J. RM/-