CRLMB3961/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3961/2010 Irfan Khan Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 21.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Dr. Mahesh Sharma, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that petitioner is neither named as an accused in the FIR nor prosecutrix in her statement under Section 164 Cr.P.C. named him as an accused either for offence of abduction or even for rape. Only allegation against petitioner is that he was with Mahamood on the motorcycle when Mahamood went to meet Sunita but at the time when Sunita was taken away by Mahamood on the motorcycle the petitioner was not with Mahamood. Petitioner is in jail since 02.04.2010. Investigation in the matter is almost complete. Further detention of petitioner may not be required for any investigation. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Irfan Khan Son of Banney Bhai on bail under Section 439 Cr.P.C., in FIR No.34/2010, Police Station Mothpur, provided he furnishes a personal CRLMB3961/2010 // 2 // 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//