KUNWARPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of bail application filed under Section 438 of Cr.P.C. seeking anticipatory Bail in the offences under Section 366, 376 (2) of IPC and Section 3 of SC/ST Act pertaining to F.I.R. No. 87/2008 of Police Station Kathumar, Distt. Alwar.

(2.) Heard the submissions advanced by the learned counsel for the petitioner, learned counsel for the complainant as also the learned Public Prosecutor appearing for the State and perused the relevant material on record.

(3.) It has been contended by the learned counsel that the petitioner has been falsely implicated later on in this case as his name initially did not figure in the First Information Report submitted by the prosecutrix herself before S.P. Alwar. At the time of recording police proceedings (police karyavahi) the S.H.O. Police Station, Kathumar incorporated the name of Kunwar Pal Jatav, Sarpanch of Panchayat Samiti Masari. There is not even a shred of evidence collected against him by the Investigating Officer which may lead the Court to infer that he too was involved in a gang rape. The petitioner is a respectable man of the society who intends to contest the election of Member of Legislative Assembly and with a view to tarnish his image only, he has been made an accused in this case. Hence, he deserves anticipatory bail in this case.