SB Crlmb No.6958/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.6958/2010. Ashok Kumar Vs. State of Rajasthan Date of order : August 4, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Arvind Kumar Gupta for the petitioner. Shri Amit Poonia Public Prosecutor for State. Shri Dharmendra Barala for the complainant. ****** Heard learned counsel for petitioner, learned Public Prosecutor for State as well as learned counsel for the complainant and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that there is no allegation of rape against the petitioner nor it is alleged that petitioner was one, who accompanied the principal accused Sultan from inception. What is stated is that co-accused Sultan took the prosecutrix in a car from Bamanvas and then petitioner boarded the same car at Reengus. Prosecutrix in her statement recorded u/S.164 Cr.P.C. has merely stated that it was the driver, who allowed the petitioner to board the same car. Except this, there is no allegation against the petitioner. It is contended that after the girl was recovered by the police, she was handed over to her parents but she again SB Crlmb No.6958/10. 2 eloped with co-accused Sultan, both of them got married in Arya Samaj. Learned counsel for petitioner submits that prosecutrix is major and the allegation that she is minor is incorrect. Challan has already been filed. Trial of the case will take a long. There is no other criminal case against the petitioner. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application. Having regard to the facts aforesaid and considering all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner – Ashok Kumar S/o Shri Nathuram shall be released on bail in FIR No.70/2010 P.S. Khandela, District Sikar for offence u/Ss.365, 376, 363 and 120B IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial. (MOHAMMAD RAFIQ), J. anil