CRLMB6704/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6704/2010 Shyam Sunder Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 16.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri V.S. Chauhan, Counsel for petitioner Shri Amit Punia, 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 the prosecutrix, in her statement recorded under Section 164, Cr.P.C., has clearly stated that the accused-petitioner has not committed any rape upon her and that they were having relations with each other; she further stated that she fell in love with the petitioner. The petitioner is in jail for last more than two years; petitioner is in jail for last more than two months; challan has already been filed; 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, Shyam Sunder Son of Sobhiram on bail under Section 439 Cr.P.C., in FIR No.528/2009, Police Station Mahwa, District Dausa, under Sections 363, 366 IPC, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of CRLMB6704/2010 // 2 // Rs.25000/- 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//