CRLMB5756/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.5756/2010 Raju Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 26.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Vijay Singh Shekhawat, Counsel for petitioner Shri Amit Punia, Public Prosecutor Shri Aatish Jain, Counsel for complainant #### By the Court:- Heard learned counsel for petitioner, learned Public Prosecutor as well as learned counsel for complainant and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that the petitioner has been falsely implicated in the case, otherwise the main allegation of committing rape upon the prosecutrix is against the elder brother of the petitioner. The petitioner was called by the complainant to her residence for settling the dispute and she asked him that he should mediate in the matter and when this could not be settled he was subjected to merciless beating inasmuch as the mother of the prosecutrix, in her statement recorded under Section 161 Cr.P.C. itself admitted that the petitioner was given beating after he failed to settle the matter and, as a result thereof he sustained 17 injuries. Learned counsel submitted that the petitioner was not in a position to walk upto the police station and it was the police which came to intervene the matter and got him freed. The first information report at the instance of the petitioner was lodged at earlier point of time than the FIR against the CRLMB5756/2010 // 2 // petitioner lodged by the complainant, under Sections 143, 323 and 342 IPC. The petitioner is in jail since 22.05.2010; investigation is almost complete; he has no other case pending against him; the statement of the prosecutrix also does not inspire any confidence because she appears to have falsely implicated the petitioner. Learned Public Prosecutor and learned counsel for complainant 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, namely, Raju Son of Harmukh on bail under Section 439 Cr.P.C., in FIR No.154/2010, Police Station Kherli, District Alwar, under Sections 376 and 323 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//