// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3204/2009 {Ram Karan Versus State of Rajasthan} Date of Order ::: 17th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Ms. Kausar Parveen, counsel for the petitioner Shri Anil Joshi, PP for the State of Rajasthan #### By the Court: Heard learned counsel for the petitioner(s) as well as learned Public Prosecutor and perused the relevant material made available to me during the arguments of the case. It is contended on behalf of the petitioner that investigation in the matter is complete; challan has been filed; and as per medical report, prosecutrix is above 18 years of age. The statement of prosecutrix and her husband were also referred and it was contended that they are contradictory in nature and present case appears to be a case of consent. In the medical report, no definite opinion has been given about forceful sexual intercourse, therefore, it is contended that looking to the // 2 // age of prosecutrix and further that petitioner is in custody since 1st April, 2009, indulgence under Section 439 Cr.P.C. may be granted. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, Cr.P.C. Hence, it is directed that accused- petitioner Ram Karan S/o Hazari be released on bail under Section 439 Cr.P.C., in F.I.R. No. 236/2008 Police Station Gulabpura, District Bhilwara registered under Section(s) 366, 344, 376 IPC, provided he furnishes a personal bond in the sum of Rs. 25,000/- (Rupees Twenty only) together with one surety of the like amount to the satisfaction of the trial court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (NARENDRA KUMAR JAIN), J. //DK//