( 1 ) THIS case was registered on a letter from the prosecutrix Ku. Anju Khatri relating to the case registered for an offence under Sections 376/34, I. P. C. wherein, accused Gyanchand and Kamal Jain were apprehended by Police, Vidisha. The two accused having been allowed bail by the trial Court the cancellation thereof and the transfer of the case from the Court of Additional Sessions Judge, Vidisha (Sh P. D. Maran) is prayed. Earlier, on an application being made by accused Gyanchand for bail, this Court having considered all the available material and the circumstances of the case had dismissed the application under a detailed order dated 18-3-91 in Cr. Misc. Case No. 448/91. On facts, the case of co-accused Kamal Jain is also similar and not distinguishable from accused Gyanchand.

( 2 ) LATER, a further application for bail was made by accused Gyanchand on a special ground of illness of his father, submitting that his presence was required for attending his father, but that too was dismissed on 4-7-91 in Cr. Misc. Case No. 1243/91.

( 3 ) A brief narration of facts would facilitate the further discussion. According to prosecution, when prosecutrix Ku. Anj