SURENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is second bail application filed by the petitioner. The first bail application came to be dismissed by this Court on 24-10-2005.

(2.) Heard learned counsel for the parties. It is contended by the learned counsel for the petitioner that after rejecting the earlier bail application, the trial has not proceeded as the prosecutrix has not appeared despite bailable and non-bailable warrants issued against her. Learned counsel has filed certified copies of the order sheets of the trial Court, as also the report made on the warrant to secure the presence of the prosecutrix before the court to make statement.

(3.) From the report on the warrant, it shows that the mother of the prosecutrix informed to the police official, who went to execute the warrant issued against the prosecutrix to appear as a witness, stated that the prosecutrix fled away with somebody 15 to 20 days ago. A copy of the affidavit of the prosecutrix has also been filed wherein she stated her age as 19 years, with the allegation against her mother that her mother want her to go for prostitution and, therefore, she voluntarily left the house and went with some other person.