1 S.B. Cr. Bail Application No. 1218/2008 (Ram Rai Vs. State of Rajasthan) Date of order : 25.03.2008 HON'BLE MR.H.R.PANWAR,J. Mr. Ramesh Purohit for the petitioner. Mr. Ashok Upadhyay, P.P. Mr. Sandeep Mehta for the complainant. Heard learned counsel for the petitioner and public prosecutor for the State as also counsel appearing for the first informant. Perused the order impugned and police investigation diary. It is contended by learned counsel for the petitioner that the statement of prosecutrix was recorded by SDM, Jahajpur on 18.10.2007 and in that statement she has not levelled any allegation against the petitioner. I have carefully gone through the statement of prosecutrix recorded by SDM, Jahajpur. The brief statement only relates to the extent that she called co-accused Ramesh from the field and at her own voluntarily went with him on a motor cycle. Thereafter she stated that she wishes to live with her parents. So far as the petitioner is concerned, nothing has been said in that statement. However, in the FIR and in her statement 2 recorded by the police under Section 161 Cr.P.C. she categorically levelled allegation of rape against the petitioner as also co-accused. Keeping in view the allegation of rape, in my view, it is not a fit case to release the petitioner on anticipatory bail. The bail application filed by the petitioner under Section 438 Cr.P.C. is therefore, dismissed. (H.R.PANWAR), J. rp