IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 910 of 2009 Date of decision: November 6, 2009. Vijay Singh …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Manoj Pathak, Advocate. For the Respondent : Mr. R.P.Singh, Asstt. Advocate General. Kuldip Singh, Judge (Oral). This an application, under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 48 dated 18.3.2009 registered at Police Station, West Shimla, under Sections 376, 354, 377, 511, 34 IPC. The status report has been filed. 2. Heard and perused the record. The prosecution case in brief is that on 18.3.2009 Inspector/SHO alongwith other police officials went to Prerna Welfare Association/ Institute, Tutu, Shimla on the basis of secret information that teachers of Prerna Welfare Association/ Institute sexually exploit deaf and dumb girls of the Institute. The statement of Sarita Devi, under Section 154 Cr.P.C. was recorded, she stated that she had been studying in Prerna Whether the reporters of the local papers may be allowed to see the Judgment? …2… Welfare Association/ Institute in Class 8th since last year. She has also named other girls who were studying in the Institute. All the girls live in the school in a hostel in lower storey. In the rooms adjacent to hostel teachers and boys students are living. Vinod teacher had raped her several times. He also directed her not to disclose this to anybody. Some other girls had told her that teachers Dinesh, Amarjit and Vijay had been coming to hostel several times and raped them. On this a case was registered under Section 376 (2) IPC. Recoveries were made, the girls were got medically examined. It has come in investigation that petitioner and others raped the girls several times. The allegations against the petitioner are that he has raped at-least two girls. The mobile phones of the accused were taken into possession and were sent to G.E.Q.D., Shimla, who had shown inability to give opinion as they have no instruments to prepare the report. In these circumstances, the mobile phones have been sent to C.F.L., Chandigarh and the report is awaited. 3. The learned Assistant Advocate General has opposed the bail application and has submitted that the bail application of the petitioner was rejected by the High Court on 21.7.2009 and there is no change of circumstance. 4. I have heard the learned counsel for the parties. There are specific allegations against the petitioner for raping some girls. The case against the petitioner is serious. The medical evidence was considered in the order dated 21.7.2009 passed in Cr.M.P.(M) No. 582 of 2009. The petitioner was teacher in the school and the victims were deaf and dumb school inmates. There is no change of …3… circumstance after the order dated 21.7.2009. The petitioner has failed to make out a case for grant of bail. Accordingly, the petition is dismissed. November 6, 2009. ( Kuldip Singh ), (Hem) Judge.