Vishan Singh vs State of M.P.

S.N. Aggarwal, Judge

This is second application filed by the applicant for his anticipatory bail in a serious offence of rape under sections 363,366,372 and 376 IPC against him. Learned counsel appearing on behalf of the applicant contends that the prosecutrix has turned hostile to the prosecution case and according to him five co-accused persons of the applicant have already been granted bail by this Court. It is submitted by the learned counsel for the applicant that the applicant is also entitled for bail on the ground of parity.

None of the aforementioned grounds urged on behalf of the applicant are applicable in the present case. The contention that the prosecutrix has turned hostile, on the face of it, is untenable as said contention presupposes that the trial in the case has already begun. If the trial in the case has already begun, then there was no occasion for the applicant to have come for his anticipatory bail by way of instant second application. Furthermore, the applicant is seeking anticipatory bail in a case u/s 376 IPC and not u/s 376 (2)(g) IPC and, therefore, question of grant of bail to the co-accused persons also could not arise. It may be mentioned that neither copy of the statement of the prosecutrix nor copies of bail orders of the co-accused persons have been filed alongwith the present bail application. Hence, in the opinion of this Court, the applicant is not entitled to anticipatory bail. His bail application is, therefore, rejected.