1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Misc. Bail Application NO.3431/09 Suresh Kumar Vs. State of Rajasthan Date of order :: 22nd July, 2009 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr.Sandeep Mehta, for the petitioner. Mr.Ashok Prajapat,P.P. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. Learned counsel for the petitioner argued that the petitioner is in judicial custody, investigation is complete and charge-sheet has been filed in the case. He referred the statement of prosecutrix recorded under Sections 161 and 164 Cr.P.C. and from her statement it is clear that the accused and prosecutrix were known to each other for last more than one year, their relations were old one and in the facts and circumstances of the present case,it cannot be said to be a case of forceful sexual intercourse; he also referred the medical certificate in respect of age of prosecutrix wherein her age has been described as 20-22 years; he contended that 2 trial of the case is likely to take some time therefore, an indulgence of bail may be granted to the petitioner. The bail application is opposed by the learned Public Prosecutor. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439 Cr.P.C. Hence, it is directed that accused-petitioner namely Suresh Kumar S/o Hazari Ram, be released on bail under Section 439 Cr.P.C.,in FIR No.49/09 Police Station Falna, District Pali registered under Sections 363,366 IPC and later on added Sec.376 IPC provided he furnishes a personal bond in the sum of Rs. 25,000/-(Rupees Twenty Five Thousand only) together with one surety of the like amount 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. (NARENDRA KUMAR JAIN), J. ns.