S.B.CR. MISC. BAIL APPLICATION NO.7931/2008 SURESH VS. STATE OF RAJ. 21.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. RS Mehta, for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed by Shri RS Mehta, Advocate on behalf of the applicant Suresh pertaining to F.I.R. No.811/2007 of Police Station Kotputali, District Jaipur in the offences under Sections 143, 363, 366A, 120-B and 376 of IPC and 3(2)(V) of SC/ST Act. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. Learned counsel for the petitioner has contended that the main accused of this case is Naresh whose bail petition has been dismissed vide order dated 13th August, 2008 by the Coordinate Bench. The petitioner in this case is innocent and there is no evidence against him with regard to committing rape upon the prosecutrix. The accused Naresh had already known the prosecutrix and there was no occasion for the petitioner to introduce the prosecutrix to the co-accused Naresh, hence, the petitioner in this case deserves to be released on bail. The learned Public Prosecutor has opposed the bail petition and drawn my attention to the statements given by the prosecutrix under Section 164 of Cr.P.C. The statement reveals that the petitioner Suresh happens to be a brother of her friend Mamta. It also reveals that when the prosecutrix went to Jungle to answer the call of nature, there was one Jeep standing the accused Naresh caught hold of her hand and forcibly dragged her into Jeep. It is -2- found that both Suresh and Naresh were present there. It is true that Naresh is not found to have ravished the prosecutrix as per her statement but the presence of the petitioner at the time of occurrence cannot easily be ruled out. Hence, without expressing any opinion on the merits of the case but looking to the facts and circumstances in its totality, I do not feel inclined to grant bail to the accused petitioner Suresh. In the result, the bail petition filed on behalf of the accused petitioner under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI)J. PCG