CHIMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS application under sec. 439 Cr. P. C. has been filed by one Chiman who has been arrested by the police authorities of Ajmer being required in case No. 93 of 1978, U/s. 376, 457, 363, 171 and 419 I. P. C.

(2.) THE facts, in brief, giving rise to this case are that one Noor Banoo filed the report in police on 2-10-78. She alleged that she is residing in Mohalla Jhalra in Ajmer along with her brothers and mother. While they were sleeping in the night, two persons came, one of whom was in Khaki Dress and forcibly opened the door by giving a push saying that they were police people. THEy caught hold of his brother and gave him beating and then the second brother was caught in the same manner. It was then her turn and she was forcibly dragged out of the house. When her mother tried to resist, they said that they are taking her to police chowki. She was then dragged and later on taken out from Mohalla where one more person having police dress met them along with the boy. THEse four accused persons which includes the petitioner than detained her separately.

(3.) MR. Richpal Singh, learned public prosecutor has vehemently opposed the bail application. He submits that this is a case of heinous type where four accused have ravished one helpless girl, one after the other. MR. Singh submits that the girl is a Bengali refugee and the offence assumes much serious dimensions when the poverty of the girl or her family and the fact that she was a refugee, is being exploited for satisfying the carnal lust by four accused persons at a time. He placed reliance upon Rao Harnarain vs. The State (1) in which Justice Tek Chand while considering the question of bail in what MR. Singh terms, is an analogous case, deprecated the practice of granting bail by lower courts in such cases.