1 S.B.Cr. Misc. Second Bail Application No.3994/2007 (Rama vs. State of Rajasthan) Date of order : August 20, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.P.R.Mehta, for the petitioner. Mr.Ashok Upadhyaya, P.P. for the State. This is second bail application. The first bail application came to be dismissed by a Co-ordinate Bench of this Court vide order dt. 27.7.2007. The instant second bail application has been filed very recently after twenty days from rejecting the first bail application without there being any change in the circumstances. I have heard learned counsel for the petitioner and the Public Prosecutor for the State. It is contended by the learned counsel for the petitioner that a totally false case has been instituted by the prosecution since the petitioner owed a sum to the husband of the prosecutrix and the husband of the prosecutrix did not return the amount for which a false case has been instituted. 2 Learned counsel submits that there are contradictions in the statement of the prosecutrix and the statement of eye- witness Rajudi. I have carefully gone through the statements of the prosecutrix recorded by the Judicial Magistrate, Banswara on 4.7.2007. On careful perusal of the statements of the prosecutrix recorded by the Judicial Magistrate on oath, in my view, prima facie offence under section 376 I.P.C. is made out. The very essential ingredients of the offence under section 376 I.P.C. are made out from the statement of the prosecutrix on oath. There is an eye-witness to the occurrence namely Rajudi. In her statement recorded under section 161 Cr.P.C., she also stated that she saw the petitioner committing the rape on the prosecutrix. In this view of the matter, in my view, it is not at all a fit case for grant of bail. The bail application filed by the petitioner under section 439 Cr.P.C. is, therefore, dismissed. However, it will be open 3 for the petitioner to file a fresh bail application after the statement of the prosecutrix is recorded by the trial court. The trial court shall record the statement of the prosecutrix as first witness. (H.R.PANWAR),J. m.asif/-