1 S.B. Cr. Bail Application No. 1896/2008 (Pradeep Vaishnav Vs. State of Rajasthan) Date of order : 29.04.2008 HON'BLE MR.H.R.PANWAR,J. Mr. Mridul Jain for the petitioner. Mr. S.K.Vyas, P.P. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned and police investigation diary as also statement of the prosecutrix aged 20 years recorded by Judicial Magistrate, Udaipur on 2.3.2007. It is contended by learned counsel for the petitioner that in whole of the statement of prosecutrix, there is no allegation against the present petitioner though she has levelled allegation against many. Be that as it may, so far as the present petitioner is concerned, she has stated that the petitioner is her friend and when everybody turned her out having no help, she took shelter with the petitioner at her own and it is the present petitioner who has given her shelter but there is no allegation of rape against him. The police submitted a negative final report so far as present petitioner is concerned, however, the Magistrate took the cognizance of the 2 offence and issued process summoning the petitioner by a non- bailable warrant. Having regard to the facts and circumstances of the case, in my view, it would be expedient to direct the petitioner to surrender before the trial court and move a regular bail. If the petitioner surrenders before the trial court on or before 6.5.2008 and moves a regular bail application, the trial court shall release the petitioner on bail on the terms and conditions which the trial court thinks fit to impose keeping in view the fact that there is no allegation of rape against the present petitioner in the statement of the prosecutrix. Till 5.5.2008, the non-bailable warrant issued against the petitioner shall not be executed. With these directions, the bail application filed by the petitioner under Section 438 Cr.P.C. stands disposed of. (H.R.PANWAR), J. rp