CRLMB8140/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.8140/2010 Abdul Vahid Vs. The State of Rajasthan through PP Date of Order ::: 13.09.2010 Hon'ble Mr. Justice Mohammad Rafiq Smt. Latifa, mother of petitioner, present-in- person Shri Prakash Chand, Representative of PP Office #### By the Court:- This application under Section 439 Cr.P.C. has been filed by petitioner for grant of bail pending trial. It is contended that prosecutrix is aged 26 years and, in her statement under Section 164 Cr.P.C., she stated that she was postgraduate in Hindi Literature. In her statement she has also stated that she started residing with the petitioner out of her own free will as his wife and that she knew that the petitioner was already married and was father of seven children. It is contended that the prosecutrix insisted upon marrying with the petitioner but when the petitioner did not accept and as a consequence thereof a false criminal case was lodged against him. Medical evidence does not corroborate allegation of rape. Petitioner was arrested on 11.07.2010 and since then he is in jail. Challan has already been filed. There is no other case ever registered against the petitioner. The trial of the case will take a long. The representative of the PP office opposed the bail application. After considering all the facts and circumstances of the case and without expressing CRLMB8140/2010 // 2 // any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Abdul Vahid Son of Abdul Hamid, Resident of Chota Saraffa Bazar Caval Wala Bohra Ji Ka Pass Baran District Baran (Presently confined in District Jail Baran) on bail under Section 439 Cr.P.C., in FIR No.49/2010, Police Station Mahila Thana District Baran, for the offence under Section 376 of the 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//