ORDER The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 14/2008 registered at Police Station: Special Police Station established under S.C. & S.T. (Prevention of Atrocities) Act, 1989, for the offence punishable under Section 363, 376(2)(g) & 201 of I.P.C. and under Sections 3(1)(xii) & 3(2)(v) of Scheduled Castes & Scheduled Tribes (prevention of Atrocities Act, 1989. Case of the prosecution is that on 22.03.2008 at about 4 p.m. when the prosecutrix was talking to her maternal brother, at that time present accused/ applicant along with other accused persons namely, Rajesh & Raju Masih came in a white maruti car bearing registration No. CG-l 0-ZD-0789 and demanded liquor from her, on which she replied that she has not having liquor then the accused persons took her to village: Khamariya where they purchased liquor and consumed the same. When she asked them to drop at her residence they instead of dropping her at her residence took her to Piperia Market. At about 8.00 p.m. while they were returning near village Podi, the gas of the car was finished then the coaccused persons namely, Rajesh & Raju Masih instructed the present applicant to bring gas, therefore, the present applicant left the place to bring gas. Thereafter Rajesh & Raju Masih committed rape on the prosecutrix. On the next day, Dashrath brought gas whereby the car was started & dropped the prosecutrix near Damdam street. Learned counsel for the applicant argued that there are no allegations against the present accused/applicant that neither he committed rape on the prosecutrix nor the alleged rape was committed in his presence, therefore, the provisions of Section 376(2)(g) of IPC are not attracted in respect of the accused/applicant. When rape was committed, Dashrath had gone to bring gas. Even car was being driven by the other accused persons and there are no allegations against the present accused/applicant regarding commission of rape and commission of offence under Sections 3(l)(xii) & 3 (2)(v) of the SC/ST Act. Moreover, the accused/applicant is in detention since 22.03.2008, thereby he is in detention for about 3 months. Learned counsel prays that the applicant may be released on bail. On the other hand, learned counsel for the State opposed the bail application. Moreover, the accused/applicant is in detention since 22.03.2008, thereby he is in detention for about 3 months. Learned counsel prays that the applicant may be released on bail. On the other hand, learned counsel for the State opposed the bail application. Having heard learned counsel for the parties, having regard to the facts mentioned in the EI.R. in which there are no allegations against the present applicant regarding rape of the prosecutrix, looking to the fact that when the rape was committed, accused/applicant had gone to bring gas and looking to the period of detention, I am of the opinion that it is a fit case to grant bail the applicant. Accordingly the bail applicatic'1 is allowed. The accused/applicant, namly Dashrath is directed to be released on bail on his executing a personal bond in the sum of Rs. 10,000/- with a surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Certified copy as per rules. Application Allowed. .; I ! , , ~. J ~ 1 ~ I 2008(3) C.G.L.J. Smt. Gayatri Bai Vs. Rameshwar Prasad