CRLMB2996/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.2996/2010 Pawan @ Sudhir Vs. State of Rajasthan Date of Order ::: 17.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Mohd. Iqbal Khan, 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. Learned counsel for petitioner argued that petitioner has been falsely implicated in this case for offence under Section 376, IPC, otherwise it was a consent case; age of prosecutrix is almost 18 years, which is evident from the medical report; there was no resistance raised by the prosecutrix inasmuch as not a single injury has been sustained by her; there is no evidence of neighbours to show that any hue and cry was raised by prosecutrix; the FIR is an afterthought; the version in the statement under Section 164 Cr.P.C. of the prosecutrix is different than one given in report. The petitioner was arrested on 03.02.2010. The petitioner, who is a student, is in jail since then and challan has already been filed; the trial of the case is likely to take considerable time. 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, Pawan @ Sudhir Son of Shri Ramswaroop on bail under Section 439 Cr.P.C., in FIR No.10/2010, CRLMB2996/2010 // 2 // Police Station Seeswali, District Baran, provided he furnishes a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) 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//