IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6619/2010 Mahaveer Meghwal Vs. State of Rajasthan Date of order : 20/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. S.M. Jain for accused petitioner Mr. Amit Poonia, Public Prosecutor for the State ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioner is that a perusal of the statement of the prosecutrix clearly indicates that she was a consenting party and she accompanied the petitioner after she came out of her house in the mid night on 17.11.2009. She first went on foot with the petitioner to the Bus stand and then boarded the bus for Baran. They left Baran and came to Kota where both of them stayed in a house. They also visited Guna and stayed there in hotels. Ultimately they returned to village Seemalya. The statement of the prosecutrix thus clearly reveals that there was no element of compulsion or force. That apart, there is no mark of injury on the person of prosecutrix. Petitioner is in jail for about 7-1/2 months. Challan has already been presented in the case and trial of the case is likely to take considerable time. On the strength of above arguments learned counsel submitted that the petitioner is entitled to be extended the benefit of Section 439 Cr.P.C. On the other hand, learned Public Prosecutor has opposed the bail applications. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners Mahaveer Meghwal S/O Shri Mohan Lal shall be released on bail in F.I.R. No. 164/2009 of P.S. Seemliya, district Kota on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ),J. Thanvi