BailAppl 8562/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Criminal Misc. Bail Application No.8562/07 Rohitash Versus State DATE OF ORDER : 05/02/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Biri Singh, for accused-applicant Mr. R.P. Kuldeep, Public Prosecutor *** Heard learned counsel for the applicant as well as learned Public Prosecutor for the State and perused the material on record. A case was registered against accused- applicant for offence u/ss.366, 376, 341, 323 & 120B. Statement of prosecutrix Smt. Laxmi Devi was recorded on 11th July, 2007 u/s.164 Cr.P.C. in which she has specifically alleged against the present accused-applicant. Counsel for applicant submits that even from her medical report and the statement of Ranveer Singh recorded u/s.161 Cr.P.C. her statement is not corroborated. As such, no adverse inference can be drawn against him. Looking to the fact that prosecutrix herself has named present accused-applicant in her statement recorded u/s.164 Cr.P.C. No opinion at this stage can be expressed and this court is not inclined to enlarge the accused-applicant on bail u/s.439 Cr.P.C. BailAppl 8562/07 [2] Consequently, the present bail application u/s.439 Cr.P.C. stands dismissed. However, the accused-applicant will be at liberty to file fresh bail application after her statement is recorded during trial and it is expected that her statement be recorded as early as possible. [AJAY RASTOGI], J. FRBOHRA8562Bail Application2007 5-2.doc