S.B.CRIMINAL MISC. BAIL APPLICATION NO.5758/2009 Fateh Singh Vs. The State of Rajasthan DATE OF ORDER : 9th November 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.Deepak Menaria for the petitioner. Mr.O.P.Singaria ,Public Prosecutor for State. .... BY THE COURT The petitioner, accused of offences under Sections 366, 376, 323, 343 IPC, has moved this application for bail under Section 439 Cr.P.C. It has strenuously been argued by the learned counsel for the petitioner that the matter had apparently been of consent where the prosecutrix had travelled with the petitioner several places and then, the substantial variance in the accusations as levelled earlier and as levelled in the statements made later show the attempt on the part of prosecutrix at exaggeration at the first instance and then changing her stance. However, looking to the overall facts and circumstances and particularly the injury report showing at least 2 bruises, one of 10 x 6 cm size and another of 6 x 4 cm size on the back of the prosecutrix and abrasion of 3 x 1 cm size on her neck and such injuries being referable to alleged date of incident, at this stage of the proceedings, this Court does not feel inclined to grant indulgence to the petitioner. The bail application moved on behalf of the petitioner Fateh Singh s/o Prithvi Singh under Section 439 Cr.P.C. stands rejected at this stage. However, if the petitioner makes a request to the Trial Court for expeditious proceedings and for examination of the prosecutrix at the first, the same be given due consideration. (DINESH MAHESHWARI),J. MK