SB Crlm2ndb No.5808/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.2nd BAIL APPLICATION NO.5808/2010. Mahipal Vs. State of Rajasthan Date of order : July 6, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ummed Khichhar for petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that petitioner has been falsely implicated in the present case for the offence of rape whereas, from the statement of the prosecutrix that has been recorded by the trial court it is clearly evident that she had been having consensual relationship with the petitioner and such relations continued for a pretty long period of time. There is no medical evidence to suggest that prosecutrix ever posed any resistance. She even admitted to have conceived. There is no element of forcible rape so as to attract the offence u/S.376 IPC. It is contended that petitioner was arrested on 16/9/2009 and trial of the case is likely to take a long. There is no other case registered against the petitioner. SB Crlm2ndb No.5808/10. 2 Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on record and 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 Mahipal S/o Shri Laxmanram shall be released on bail in FIR No.300/2009 P.S. Nawalgarh, Jhunjhunu for offence u/Ss.376 and 313 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