JUDGMENT 1. - Both these applications relate to Criminal case No. 399/92 registered at Police Station, Bassi in which a charge sheet has been filed against the accused petitioners for the offences under Sections 147, 149, 376, 354 and 32?, IPC. Bail application No. 5475/93 has been filed by the accused Gyarsa, under S. 439, Cr. PC after his arrest while in bail application No. 4827/93 accused are seeking pre-arrest bail under S. 438 Cr. PC. 2. The victim in this case is Smt. Bhonri Devi, who was working as Gram Sathin in village Bbateri. A gang rape was committed on her in the evening at about 6 p.m. on 22.9.1992 by the accused petitioner Gyarsa and Badri while other accused persons assisted in the commission of the offence. The accused petitioners also assaulted Mohan, husband of Smt. Bhonri Devi. 3. Gram Sathins worked under District Women Development Board Jaipur and they are paid stipend per month by the Board for working in the villages for upliftment and development of rural women folk. They create awareness in the village women and also educate them for health girls education etc. It is also their work to see that awareness is created amongst the people to restrain from child martiap, On the fateful evening the victim Smt. Bhonri Devi and her husband Mohan Lal were working in their field. Mohan Lal went to another field to ease himself where the accused persons were grazing their cattle. They assaulted Mohan Lal with lathes and Smt. Bhonri Der i rushed to rescue her husband after hearing his cries. When she went there, she was caught by the accused persons and was raped one after another by accused Gyarsa Gujar and Badri Gujar respectively. Accused Ramsukh snatched her 'Batta' and jantar' and thereafter all the accused ran away from the place of occurrence. A report of the incident was lodged by Smt. Bhonri Devi on D-9.1992 at Police Station Bassi where Crime No 399/92 was registered under Sections 147, 323, 37c and 379 IPC. The local police made the investigation of the case but it appears that there were serious complaints against the local police for not making proper investigation and ultimately the case was transferred to Central Bureau of Investigation (for short 'CBI'). On the intervention of some social organisations. The local police made the investigation of the case but it appears that there were serious complaints against the local police for not making proper investigation and ultimately the case was transferred to Central Bureau of Investigation (for short 'CBI'). On the intervention of some social organisations. Alter thorough investigation a charge sheet has now been filed on 27-9-1993 against all the petitioners under Sections 147, 149. 376, 354 and 323 IPC Tile petitioner Gyarsa was arrested on November 4, 1993 while other accused persons are absconding. 4. It was contended by the learned counsel for the petitioners that a false case of rape has been made against them and that it was unnatural that the accused persons would have committed the offence in the manner alleged by the prosecution. It was also contended that the petitioner Ram Karan, Rain Sukh and Badri are real brothers and one cannot imagine that Badri could have committed rape in the presence of his brothers and his brothers would have assisted him. It was also contended that the report of the incident was lodged after much delay and that the medical report does not support the prosecution case. Lastly, it was contended that the investigation has been completed and further detention of the petitioner Gyarsa is not required while arrest of other accused is not necessary for investigation. On the other hand, learned counsel for CBI assisted by learned counsel for the complainant contended that the CBI has made a thorough investigation and thereafter has submitted the charge-sheet. It was also contended that at the initial stage tie local police was in-active inasmuch as the accused persons were not arrested as they happened to be influential and rich persons. It was also brought to my notice that the victim Bhonri Devi and her husband are Kumhars by caste which is the only family in the village while the accused persons belonged to Gujar community which dominates in the village. It was also contended that on account of fear the village people did not provide any assistance to the victim and then she and her husband rushed to village Bassi to seek assistance from her colleagues gram satins The entire story was narrated to them and thereafter the report was lodged. It was also contended that on account of fear the village people did not provide any assistance to the victim and then she and her husband rushed to village Bassi to seek assistance from her colleagues gram satins The entire story was narrated to them and thereafter the report was lodged. After great persuasion and demand made by various women organisations the investigation was given to C.B I. It was also contended that the victim Smt. Bbonri Devi had tried to prevent child marriage of the daughter of petitioner Ram Karan and the police was also called, as such. the member of Gujar community were seriously annoyed with her and wanted to take revenge and when got an opportunity she was subjected to gang-rape with vehemence. Lastly it was contended that if the accused petitioners were released on bail a fair trial shall not be possible as the accused persons had been terrorising the victim and her husband and a police guard was also provided to them but the same has now been withdrawn with effect from 4-11-1993. 5. I have also perused the case diary of the investigation made by the local police I as well as CBI. It may be stated that right from the very inception of the report Smt. Bhonri Devi, victim of the case, had categorically stated about the gang rape on her by the petitioners Gyarsa and Badti while others assisted in the act. From the record, it also appears that after the incident the victim Smt. Bhonri Devi sought assistance from the village people but she was not provided any help presumably due to the terror of the accused persons. In this connection statement of Nathu Lal Sharma is on the record. It also appears that Smt. Bhonri Devi when could not get any assistance from the village people, went to Smt Krishna Sharma another Gram Sathin in the early morning of the next day and narrated the entire incident to her. Smt. Krishna Sharma then went to Jaipur and intimated to Smt. Rashila Sharma, the higher officer, who came with her at village Bassi and the report was lodged at the police station. In these facts and circumstances. I do not find that prima facie there was any delay in lodging the report. Statement of Smt. Bhonri Devi finds corroboration from statements of independent witnesses. In these facts and circumstances. I do not find that prima facie there was any delay in lodging the report. Statement of Smt. Bhonri Devi finds corroboration from statements of independent witnesses. I am also convinced that prima facie it is a case of gang-rape which was committed out of vengeance as Smt. Bhonri Devi made efforts to check child marriage of a minor daughter of accused Ram Karan on previous `Akhateej. An affidavit was also filed by Smt. Bhonri Devi in bail application No. 4827/93 from which it appears that she was provided police protection by the Government which has now been withdrawn after the charge sheet. I am convinced that the manner in which the local police investigated the matter and subsequently the accused persons have been brought to book by the investigation of CBI, accused Gyarsa should not be released on bail for a fair and just trial. 1 also do not find any case for pre-arrest bail to other accused persons. 6. Consequently both the bail applications ate dismissed.Application dismissed. *******