MONGA SINGH @ CHARANJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present petitioner accused Monga Singh Charanjeet Singh has filed this bail petition before this Court after the rejection of his bail petition before the trial Court on 10.8.98.

(2.) Learned counsel Shri Bhadu for the petitioner submitted that against the petitioner there is no allegation that he committed rape. Only allegation is that he caught hold of complainant Raja Singh husband of prosecutrix, therefore, the petitioner be enlarged on bail. He submitted that the role played by the petitioner is similar to the role played by co-accused Chandu Ram, who has been granted bail by this Court (Mohd. Yamin, J.) on 27.9.96, therefore, the petitioner be enlarged on bail.

(3.) It is true that Chandu Ram has been released on bail by this Court but he was granted bail on 27.9.96, almost more than two years from today. The learned trial Judge was of the opinion that the present accused petitioner and other co-accused had not caught hold of the complainant then Kuldeep Singh would not have committed rape on Virpal Kaur, wife of the complainant. No doubt it is true that there is no allegation against the present accused petitioner that he has committed rape but without his aid and assistance of other co-accused it would not have been possible for the main accused Kuldeep Singh to commit rape on Veerpal Kaur. It is also true that Chandu Ram has been enlarged on bail, who has played the similar role, which is alleged to have been played by the present accused but the difference in the case of the present accused petitioner is that after the commission of an offence, he absconded for almost two years. Under the circumstances, if the trial Court has not thought it fit to enlarge the petitioner on bail then this Court would not grant bail.