OM BENIWAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These are the fourth bail applications under Sec. 439, Crimial P.C. of applicants Om Beniwal and Shiv Dayal who are facing trial for offences under Sections 120-B, 366, 376(2)(G) IPC.

(2.) Shri Choudhary, learned counsel for the accused applicant contended that some co-accused have been released on bail by the Apex Court and by this Court vide order dated 17.7.98 in Cr. Appeal No. 661/98, order dated 1.2.99 In Cr. Appeal. No. 8/1999, order dated 10.5.99 in SLP (Cr) No. 339/1999, order dated 11.2.99 in Cr. Misc. Bail Application No. 709/99, order dated 28.8.98 in Cr. Misc. Bail Application No. 3261/98. He pointed out that earlier bail applications of the applicant were rejected mainly on the ground that by that time the statement of the prosecutrix had not been recorded by the trial court. Shri Choudhary pointing out that the statement of the prosecutrix has been recorded by the trial court drew my attention to certain portions of her statement. He also pointed out that the prosecutrix did not complain about the rape when she met Sohan Lal Suthar, Warden. He further pointed out that before the identification parade was held in prison the photos of the applicants had been published in the newspapers and the prosecutrix admits that she had seen the applicants for the first time in the prison. He referred to the police statement of the prosecutrix dated 30.5.98 also to show the character of the prosecutrix. Shri Choudhary further pointed out that the trial of the case is held up because the trial court has ordered the impleadment of the new accused in the case and the service on those newly added accused has yet not been completed. Pointing out that the applicant is in custody for about 3 years. He prays that he be released on bail. Almost the same contentions have been raised by Shri Biri Singh.

(3.) Shri Bajwa, learned Sr. Advocate, Special P.P. for the State opposed the bail applications mainly on the ground that the case is of serious nature and the court should not be sympathetic towards the accused who are facing trial under Sec. 376(2)(G) IPC.