// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3154/2009 {Dinesh Versus State of Rajasthan} Date of Order ::: 22nd July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri N.K. Bohra, 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 petitioner is in judicial custody and after completion of investigation, charge sheet has also been filed in the case, therefore, nothing is to be recovered or investigated from the petitioner; the relevant papers were also referred and read during the course of arguments and it was contended that petitioner as well as prosecutrix, both, remained together for more than a year; prosecutrix is aged about 25 years, therefore, looking to all the facts and circumstances of // 2 // the case, the petitioner may be released on bail. Learned PP opposed the bail application. 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. and the same is allowed. It is, therefore, directed that accused-petitioner(s), namely, Dinesh S/o Shri Madan Lal be released on bail under Section 439 Cr.P.C., in F.I.R. No. 96/2009, Police Station Mahamandir, Jodhpur registered under Section(s) 376, 384 IPC, provided he furnishes a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand 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//