SHIV RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed under Section 439 of the Criminal Procedure Code in which the petitioner is charged to have committed offence under Section 376 and 376(B) of Indian Penal Code.

(2.) A report was lodged on 23-11-1988 by a citizen of Bangladesh in District Dholpur stating therein that in the camp where Bangladeshi women are lodged, certain police persons posted at the camp, are committing rape on various women. Thereupon, an enquiry was held by S.P., Dholpur and case was registered. In the statements recorded under Section 161 and 164 of the Criminal Procedure Code some of the ladies have stated that they were subjected to rape and the petitioner used to supply them other persons. The contention of Shri Jagdeep Dhankar, learned Counsel for the petitioner is that he is in custody since 23-11-1988 and trial will take long time to complete. It is also pointed out that since the name of petitioner was not mentioned in First Information Report, it was necessary that test identification parade should have been held. This however, has not been done. It is therefore, prayed that the petitioner be released on bail and a direction should be given by this Court that test identification parade may be held by the Trial Court. It is also given out that such an application was filed in the Trial Court which has been rejected.

(3.) It is contended by Shri Shrimal, learned Additional Government advocate, that the petitioner is a person who is not only charged to have committed rape but has also supplied the ladies to other persons. He is also charged to have committed under Section 376-B of the Indian Penal Code as the women were in custody of the petitioner and other police personnel posted at the camp. He has also opposed the request of the petitioner for direction regarding holding of test identification parade.