1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 7103/2009 Premjeet @ Khillu & Anr. vs. State of Rajasthan Dated : 17.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Harendra Singh, for the petitioners. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Harendra Singh Advocate on behalf of the applicants pertaining to F.I.R. No. 312/2009 of police station Tijara, District Alwar, in the offences under Sections 376(2), 366 and 457 of IPC. 2. Heard the learned counsel for the petitioners as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. The factual matrix of the prosecution case, in nub, is:- That on intervening night of 8th and 9th of August, 2009, the petitioner came to the house of the prosecutrix at 11:30 pm, gagged her mouth, lifted and took her to the Kachcha house of Premjeet @ Khillu, where both the petitioners forcibly ravished the prosecutrix Krishna Kumari, one after another in succession and fled from there after fulfilling their erotic sortie. 4. Learned counsel for the petitioners has canvassed that the prosecutrix has been 2 suffering from the deceased of Hallucination, who stood in the sleep and went out of her house. It seems to be improbable that the petitioners could enter into the house of the prosecutrix, in the presence of the family members, who were also sleeping around and could have taken her forcibly from there. The story of rape as narrated by the complainant is totally false and improbable. The petitioners have been falsely implicated, whereas they are innocent and are in no way connected with the commission of the offence of rape of the instant case, hence, they may be granted indulgence of bail. 5. Learned Public Prosecutor appearing for the State has vehemently opposed the bail petition chiefly on the ground that Krishna during the commission of rape sustained as many as eight injuries all over body. There is ample evidence against the petitioners, which connect them with the commission of offence of rape of the instant case, hence, their bail petition may be dismissed. 6. Having reflected over the submissions made at the bar and scanned the relevant material available on record, it is noticed that the Salwar of the prosecutrix as also the underwear of both the co-accused persons were taken into custody by the Investigating Officer and spot of semen was found on both the underwears, which have been sent for chemical examination to the laboratory. The report is yet awaited. There is no explanation of the injuries caused on the person of the prosecutrix Krishna. She sustained injuries on shoulder, scapular region, thighs, chest, cheek and lower back. Hence, I, without expressing any opinion on the merits of the case but keeping in view all the facts and circumstances of the case in totality 3 including the injuries sustained by the prosecutrix, do not deem just and proper to grant indulgence of bail to the accused petitioners and the bail petition deserves to be dismissed. 7. In the result, the bail petition filed on behalf of the petitioners namely Premjeet @ Khillu and Saddik under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI),J. Mak/- s-21