1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6215/2009 Dharmendra vs. State of Rajasthan Dated : 12.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Anurag Sharma, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Anurag Sharma Advocate on behalf of the applicant Dharmendra pertaining to F.I.R. No. 100/2009 of Police Station Buhana, District Jhunjhunu in the offences under Sections 363 and 366 of IPC and later on added Section 376 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated and is in no way connected with the commission of offence of rape in the instant case. It is the prosecutrix who voluntarily accompanied the petitioner and married in Arya Samaj temple. Learned counsel has further contended that both the petitioner and prosecutrix were in love affair and they married voluntarily. The prosecutrix is above the age of 18 years, hence, the petitioner may be granted indulgence of bail. In support of arguments, learned counsel has filed photographs of marriage, love letters and school certificate. 4. Learned Public Prosecutor has opposed the bail application primarily on the ground 2 that the prosecutrix categorically stated in her statements recorded under Section 164 of Cr.P.C. that in January, 2009, the petitioner came to her house when she was all alone. The petitioner forcibly ravished her and took photographs. Thereafter, the petitioner exploited her giving threat that the photographs shall be made public and she would be brought to a bad repute. Thus, the petitioner abducted her against her will. Three persons namely Dharmendra, Manoj and Virendra had a coitus with her against her will. It is a case of offence of rape, hence, the petitioner should be denied bail. 5. Having considered the submissions made at the bar and scanned the relevant material on record, I, without expressing any opinion on the merits of the case, at this stage, do not feel inclined to grant bail to the petitioner and the same deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner Dharmendra stands dismissed. 7. However, the petitioner is granted liberty to file bail petition afresh after recording the statements of the prosecutrix. Learned trial court is directed to first record the statements of the prosecutrix. Photographs, love letters and school certificate is hereby ordered to be returned to the learned counsel for the petitioner. (MAHESH BHAGWATI)J. Mak/- s-24