CRLMB4768/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4768/2010 Satish Kumar Vs. State of Rajasthan Date of Order ::: 19.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri A.N. Khan, Counsel for petitioner Shri G.S. Rathore, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that false allegation of rape has been foisted upon the petitioner for which he was arrested on 14.10.2009 and since then he is in jail. Even according to the statement of prosecutrix, her date of birth recorded in school is 25.01.1990, which fact has not been disowned by the prosecution, whereas the age of the petitioner is about 18 years. Learned counsel referred to the statement of PW-1 Haridwar in whose presence the prosecutrix was recovered; he has stated that at that time the prosecutrix told to the police that she has married the petitioner and that they were now residing as husband and wife and that she would not come to the police; the police forcibly took her with them. The tenor of the statement of the prosecutrix also clearly shows that she, out of her free will along- with her sister, went from village Danta to Sikar and where they accompanied present petitioner Satish Kumar and co-accused Jitendra. This shows that while prosecutrix Mamta was having affairs with present-petitioner Satish and her sister Usha CRLMB4768/2010 // 2 // was having affair with co-accused Jeetu, who is juvenile and has already been enlarged on bail. The petitioner himself is a young person aged about 18- 19 years old and is a student and has already suffered a lot; the trial of the case will take a long. Learned Public Prosecutor opposed the bail application. 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, Satish Kumar Son of Hanuman on bail under Section 439 Cr.P.C., in FIR No.186/2009, Police Station Dantaramgarh, District Sikar, under Sections 363, 366 IPC (later on added Section 376 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//