CRLMB5057/2010 // 1 // THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.5057/2010 Sonu @ Don Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 25.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Hem Singh Rathore, 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 although the prosecutrix initially in her statement under Section 161 Cr.P.C. did not support the prosecution case but subsequently under the influence of the family she has betrayed and in her statement recorded under Section 164, Cr.P.C. made allegation of rape against petitioner. The fact is that the prosecutrix who is major, out of her free will married with the petitioner; a marriage certificate to this effect was also issued by the Sivananda Divine Mission (Gurukul), Chandigarh, which is on record and also the photographs of the marriage are also on record; the challan has already been filed; petitioner is in jail since 8th March, 2010; there is no previous case pending against the petitioner. 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, CRLMB5057/2010 // 2 // namely, Sonu @ Don Son of Prem on bail under Section 439 Cr.P.C., in FIR No.59/2010, Police Station Buhana, District Jhunjhunu, for offence under Sections 363, 366 and 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//