1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6418/2010 Kamaluddin Vs. State Date of order : 28/7/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Harendra Singh for the petitioner. Shri Amit Punia, P.P. for the State. Shri Mukesh Saini on behalf of Shri D.D. Khandelwal for the complainant. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State, learned counsel for the complainant and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that petitioner's bail application was rejected by learned court below on the ground that he again committed rape with the same lady and the learned counsel submitted that not only the second FIR lodged against the petitioner, which was registered with the same Police Station, the present FIR is also false. The statement of prosecutrix does not inspire any confidence. The alleged incident took place on 9.12.2009, whereas the complaint was registered for that incident for the first time on 21.12.2009, which ultimately went to Police Station and registered as FIR. In the investigation of second FIR, the police has given final report with the conclusion that some civil dispute with regard to certain 2 land is pending between the parties and that the prosecutrix has lodged a false FIR against the petitioner. This vindicates the stand of the petitioner that he has been falsely implicated even in the first case. Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate 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 Kamaluddin @ Panchi S/o Ise Khan shall be released on bail in F.I.R. No.289/2009, P.S. Jurhara, Distt. Bharatpur for offence u/s.376, 366 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 trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/