1 S.B.Cr.Misc. Bail Application No.5351/2007 (Jagtar Singh vs. State of Rajasthan) Date of order : November 19, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.P.K.Sharma, for the petitioner. Mr.Ashok Upadhyaya, P.P. for the State. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and the police investigation diary. It is contended by the learned counsel for the petitioner that prior to this occurrence, the prosecutrix herself was arrested under section 109 Cr.P.C. and earlier there has been a transaction of money lending by the petitioner, which the prosecutrix failed to repay. I have carefully gone through the statement of the prosecutrix recorded by the Judicial Magistrate, Raisingh Nagar under section 164 Cr.P.C. In her statement, the prosecutrix has categorically 2 stated that it was the present petitioner, who came in a jeep and forcibly took her in the jeep and thereafter, she was subjected to sexual intercourse against her wish; when she resisted, she was given beatings. It also appears that there are number of injuries suffered by the prosecutrix and even the prosecutrix was admitted to a Government Hospital at Sri Ganganagar for treatment. Be that as it may, without commenting on the merit of the case, keeping in view the totality of facts and circumstances of the case, in my view, at this stage, it is not a fit case to release the petitioner on bail. The bail application filed by the petitioner under section 439 Cr.P.C. is, therefore, dismissed. (H.R.PANWAR),J. m.asif/-