BAGDA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioner has laid this second bail application under Sec. 439 Crimial P.C., 1973 arising out of FIR No.90/2017, registered at Police Station Sanderao, District Pali for offence punishable under Sections 376506 IPC. Police after investigation submitted charge-sheet in the matter for the aforesaid offences against the petitioner and subsequently case was committed to the Court of Sessions. At present, trial in Sessions Case No.20/2017 is under progress before Additional Sessions Judge, Sumerpur, District Pali.

(2.) On behalf of petitioner, first bail application bearing No.9780/2017 was filed, which was dismissed on 09.11.2017 as not pressed with liberty to apply afresh after recording of statements of prosecutrix.

(3.) Arguing on this second bail application, it is submitted by learned counsel, Mr. Shah, that during trial statements of prosecutrix have now been recorded. It is also submitted by learned counsel that a cumulative reading of the statements of prosecutrix make it abundantly clear that she has not been able to explain delay of two and half months in lodging FIR in the matter. It is also argued by learned counsel that some of the statements of the prosecutrix are incongruous, and therefore, not inspiring confidence. It is also argued by learned counsel that petitioner is in custody since 18.08.2017 and so far only one witness is examined in trial, and therefore, completion of trial is not in offing is yet another significant fact for favourable consideration of the bail plea of petitioner.