SB Crlm2ndb No.6464/10. 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.6464/2010. Aashish Meena Vs. State of Rajasthan Date of order : July 13, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Deepak Asopa for petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** The first bail application of the petitioner was rejected with liberty to the petitioner to move fresh bail application after the challan is filed. Further contention of the learned counsel for petitioner is that merely on the basis of statement of the prosecutrix recorded under Section 164 Cr.P.C., the learned court below was not justified in refusing bail to the petitioner particularly when other material on record clearly suggests that the petitioner and prosecutrix had married with each other on 24/11/2007 i.e. two days before the date of incident which took place on 26/11/2007 whereas, FIR was lodged on 26/11/2009. Learned counsel in this connection invited the attention of the court towards number of photographs showing marriage of the two and also the affidavit of the prosecutrix. This clearly shows that the prosecutrix had married to the petitioner out of her free will and SB Crlm2ndb No.6464/10. 2 on account of the pressure of the family, she has made statement u/S.164 Cr.P.C. which itself is not determinative of the question of grant of bail which is in the light of the other material. Learned counsel submitted that petitioner and the prosecutrix were major and they married to each other out of their free will. The allegation of abduction is totally false. 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 Aashish Meena S/o Shri Sharbat Lal Meena shall be released on bail in FIR No.115/2010 P.S. Mahaveer Nagar, Kota for offence u/Ss.365, 363, 366, 420, 468, 469 and 328 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