(1.) Heard. This is first bail application Filed by the applicant under Section 439 of Cr.P.C. for grant of bail. The applicant is in custody in connection with Crime No. 26/2012 registered against him under Sections 366(a), 368, 372 and 376 (2)(g) /34 of IPC at Police Station, Bhanwarpura, District Gwalior (M.P.).
(2.) The allegation against the present applicant is that she had helped in committing gang rape and in her resident the gang rape was committed with a lady.
(3.) The Hon'ble Supreme Court in the case of Priya Patel Vs. State of M.P. and another, 2006 6 SCC 263, has held that a rape can be committed by a man and a woman cannot be said to have an intention to commit rape.