Cr.M.P.(M) No. 1029 of 2010 24.09.2010 Present: Mr. Anoop Chitkara, Advocates, for the petitioner. Mr. J.S. Guleria, Assistant Advocate General, for the respondent. Inspector Sangat Ram, SHO Police Station, Rampur, Distt. Shimla, is also present. This order shall dispose of an application for bail filed by the petitioner under Section 439 Cr.P.C. in FIR No. 112/2010 dated 16.6.2010, under Sections 452, 376 and 506 I.P.C., Police Station Rampur. 2. I have heard the learned counsel for the parties and have gone through the record of the case. 3. The rape in question is alleged to have taken place on 15.6.2010 at 9.45 P.M. in the quarter of the prosecutrix. The FIR in question was lodged on 16.6.2010 at 2.00 A.M. The petitioner is a married man and the prosecutrix is a student of B.A. I do not want to comment upon the evidence, which may effect the merits of the case. 4. Keeping in view the fact that the challan has already been filed before the Court of learned Judicial Magistrate, who has committed the case and the case is fixed for consideration of charge on 27.9.2010 and keeping in view the evidence including the medical evidence, I am of the opinion that no case is made out for grant of bail and the application filed by the petitioner is rejected accordingly. However, learned Sessions Judge whenever proceeds with the trial of the case, he shall try to fix …2… the case on priority basis since the petitioner is in custody for the last more than three months. The application is dismissed accordingly. September 24, 2010 ( V.K. Ahuja ), J. (BSS)