CRLMB3021/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3021/2010 Pukhraj Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 26.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Shyam Bihari Sharma, Counsel for petitioner Shri Amit Punia, Public Prosecutor Shri Narendra Mewara, Counsel for complainant #### By the Court:- Heard learned counsel for petitioner, learned counsel for complainant as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Learned counsel for petitioner has argued that allegation against petitioner is of committing rape on a girl, who, in her statement under Section 164 Cr.P.C., although alleged rape but otherwise whatever she has stated clearly indicates that she went to 'baada' (cattle-shed) adjoining her house with the petitioner out of her freewill and that the FIR was lodged only because her brother Mukesh saw them from the roof of the house. This fact is corroborated from the statement of Mukesh recorded under Section 161 Cr.P.C. In the medical- examination-report also there is no definite opinion about commission of rape nor there is any mark of injury so as to suggest any resistance made by the prosecutrix; petitioner was arrested on 28th December, 2009; challan has already been filed; trial of the case is likely to take a long time. Learned Public Prosecutor and learned counsel for complainant opposed the bail application. CRLMB3021/2010 // 2 // After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Pukhraj Son of Shri Devkaran on bail under Section 439 Cr.P.C., in FIR No.34/2009, Police Station Lambaharisingh, District Tonk, for offence under Sections 376 and 450 of the IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//