1 9 S.B.CRIMINAL MISC. BAIL APPLICATION NO.4559/2009 Gopal Singh Vs. The State of Rajasthan Date of Order :: 8th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.S.Saruparia,for the petitioner. Mr.Anil Joshi,Public Prosecutor for State. .... BY THE COURT The petitioner, accused of offences under Sections 341, 376 and 450 IPC, has filed this application for bail under Section 439 Cr.P.C. on 05.09.2009. On the last occasion, i.e., on 23.10.2009, the learned counsel for the petitioner pointed out that the matter was fixed in the Trial Court for prosecution evidence in the 3rd week of November 2009 and in the circumstances, consideration of this bail application was deferred but with the observations that if the petitioner would make a request before the learned trial for the examination of the prosecutrix at the first, the same would be given due consideration by the learned Trial Court. The learned counsel for the petitioner informs today on instructions that for the Presiding Officer being not available in the concerned Court and the Link Court having heavy load of work, the statements of the prosecutrix could not be recorded 2 on the stipulated date; and the matter has been deferred to the month of February, 2010. In the given set of facts and circumstances, the learned counsel submits that the petitioner does not press on this bail application at this stage but may be given liberty to file afresh after recording of the statements of the prosecutrix and so also to make a request to the learned Trial Court for expeditious proceedings. The submissions so made appear reasonable . Though this bail application moved on behalf of the petitioner Gopal Singh s/o Devi Singh under Section 439 Cr.P.C. stands dismissed as not pressed at this stage but with liberty as prayed and with the observations that the learned Trial Court should endeavor to record the statements of the prosecutrix at the earliest and to proceed with the matter expeditiously; and also that if the petitioner moves a bail application afresh after recording of the statements of the prosecutrix, the same be given due consideration. (DINESH MAHESHWARI), J. s.soni