CRLMB2983/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.2983/2010 Mangal Singh and Rajesh @ Rajendra Singh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 21.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Sanjay Kumar Sharma, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Learned counsel for petitioner has read over statement of prosecutrix recorded under Section 164 Cr.P.C. to argue that prosecutrix has admitted having gone to Suasara Bazar on receiving telephonic message from Mangal Singh and from there she herself contacted Mangal Singh on phone and on his askance went to Mandsore by bus and from there to Jawra where Rajesh met her. Rajesh is cousin of Mangal Singh. There she admitted to have stayed in a room with Rajesh at Jawra and then she went to Morvi with him . Learned counsel argued that prosecutrix is a married woman and tone and tenure of her statement clearly shows that she went to Rajesh out of her free will and allegation of rape upon her by petitioners Mangal and Rajesh does not inspire any confidence and she allowed them to have sex with her out of her free will. In the medical- report also there is no sign of resistance. Petitioners are in jail for last more than one year i.e. from 27.04.2009; trial of the case is likely to take a long time. CRLMB2983/2010 // 2 // 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-petitioners, namely, (1) Mangal Singh Son of Sher Singh and (2) Rajesh @ Rajendra Singh Son of Ratan Singh on bail under Section 439 Cr.P.C., in FIR No.59/2009, Police Station Gangdhar, District Jhalawar, provided each of them 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 their 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//