MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioners have been arrested in FIR No. 130/2019 of Police Station Ladnu, District Nagaur for the offences punishable under Sections 457, 376-D, 323, 342, 366, 384, 379 and 120-B IPC. They have preferred these bail applications under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that the allegations against the petitioners is to the effect that they framed a gang and thereafter raped upon the prosecutrix. It is submitted that the charge-sheet has been filed by the police against the petitioners mainly on the basis of the statements of the prosecutrix recorded during the course of investigation. It is submitted that now the statements of the prosecutrix have been recorded before the trial court as PW-3, wherein she has not supported the prosecution story and turned hostile and has specifically stated that she does not know the petitioners and none of them sexually assaulted her. It is submitted that in view of the fact that the prosecutrix has not supported the prosecution story and turned hostile, it would be very difficult for the prosecution to prove the guilt of the petitioners.