1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Bail Application No. 7285/2010 Rakesh @ Krishan Vs State of Rajasthan through PP 12.8.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr DV Tholia - for the petitioner Mr Amit Poonia - Public Prosecutor Mr Anil Poonia – for complainant BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the matter. There exist contradictions in the story as given in the FIR and that of statement recorded under section 164 CrPC. In view of aforesaid, petitioner may be granted bail. On the other hand, learned Public Prosecutor and learned counsel for complainant have opposed the bail application. They submit that offence is under section 376 (2) (G) IPC. Keeping in 2 mind provisions of Evidence Act he is not entitled for bail more so prosecutrix is of the age of around 16 years. After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am not inclined to grant bail to the petitioner. Therefore, bail application is dismissed. At this stage, learned counsel for the petitioner prays that he may be given liberty to file a fresh bail application on recording of statement of prosecutrix. In view of aforesaid, liberty, as prayed for, is granted. Learned trial court is directed to record statement of prosecutrix on priority basis. (MN BHANDARI), J. bnsharma