S.B.CR. MISC. BAIL APPLICATION NO.7786/2008 AKHLAKH VS. STATE OF RAJ. 20.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Atul Kr.Jain, for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed by Shri Atul Kr. Jain, Advocate on behalf of the applicant Akhlakh pertaining to F.I.R. No. 87/2008 of Police Station Purani Tonk, District Tonk in the offences under Sections 376 (2-G), 325, 323, 354, 456, 120-B IPC and Under Section 3(1) (12) & 3(2) (5) 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 canvassed that the FIR of this case has been lodged with an inordinate delay of 17 hours of the occurrence. The petitioner is 19 years old young boy and the prosecutrix is 40 years of age and thus on account of their incompatibility of their age, the report of this case does not appear to be true and genuine. The petitioner has been falsely implicated in this case and he deserves to be released on bail. Learned Public Prosecutor has opposed the bail petition on the ground that there was ample evidence available on record against the petitioner, it is a case of gang rape and the prosecutrix sustained six injuries on her person as a result of beating given to her by the accused persons Chhota, Mohd. Umar and Akhlakh, they were drunk at the time of occurrence, hence, their bail petition should be dismissed. Having considered the submissions made at the bar and scanned the material on record, specially the medical report, without commenting -2- on the merits of the case and in the facts and circumstances of the case as also keeping the gravity of offence that is of gang rape, I do not feel inclined to grant bail to the accused petitioner and his bail petition deserves to be dismissed. 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