S.B.CR. MISC. BAIL APPLICATION NO.7608/2008 RAMDEV VS. STATE OF RAJ. 15.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ashvin Garg, for the petitioner. Mr. R.P. Kuldeep, Public Prosecutor for the State. This order governs the disposal of bail application filed by Shri Ashvin Garg Advocate on behalf of the applicant Ramdev pertaining to F.I.R. No. 166/2008 of Police Station Bhinai, Distt. Ajmer in the offences under Sections 342, 366 and 376 of IPC. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. The learned counsel for the petitioner has canvassed that the First Information Report of this case has been lodged after an inordinate delay of six months of the occurrence. While drawing my attention to the statements recorded by S.D.M and Judicial Magistrate under Section 164 of Cr.P.C, he has further contended that the reading of the statements of prosecutrix in its entirety, reveal that she was a consenting party to the company of the petitioner. Even the prosecutrix herself has stated that if any wrong had happened with her, she was not in know of it. Charge-sheet has been filed by the police and the 2 case is still pending trial. The petitioner has been in custody since 4th July, 2008 and the trial is likely to take time, hence, under the facts and circumstances of the case, the bail may be granted to the petitioner. The learned Public Prosecutor has opposed the bail application on the ground that the prosecutrix, in her statements recorded under Section 164 of Cr.P.C, has categorically stated in the end that she was ravished by the accused petitioner against her will and without her consent, as such his bail petition may be dismissed. Having considered the submissions made at the bar and perused both the statements recorded by S.D.M and the Judicial Magistrate-Ist Class, Kekri, I, without expressing any opinion on the merits of the case, do deem it just and proper to enlarge the accused petitioner on bail under the facts and circumstances of the case. It is, therefore, ordered that the accused petitioner Ramdev S/o Shri Ram Kishan @ Ramlal in FIR No.166/2008, Police Station Bhinai District Ajmer shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand ) together with two surety bonds each of Rs.25,000/- to the satisfaction of the 3 learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. PCG