1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 7105/2009 Brajmohan vs. State of Rajasthan Dated : 17.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Harendra Singh, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Harendra Singh Advocate on behalf of the applicant Brajmohan pertaining to F.I.R. No. 134/2009 of police station Jawar, District Jhalawar, in the offence under Section 376 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the facts as narrated in the FIR do not suggest that any offence of rape was committed upon the prosecutrix Badri Bai. The narration further suggests that either no rape was committed or it was a coitus with consent. The prosecutrix is not found to have sustained any injury during the course of alleged rape. The petitioner has been in custody since 25.07.2009 and the police after completion of investigation, has filed the charge-sheet in the court, which is pending trial. The petitioner has been falsely implicated whereas, he is in no way connected with the commission of the alleged offence of rape of the instant case, as such, he 2 may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail petition. 5. Having considered the submissions made at the Bar and perused the relevant material available on record, it is noticed that no mark of injury has been found on the genital parts of the prosecutrix. It is not warranted at this stage to appreciate the facts and circumstances of the case, as it may prejudice either of the parties. However, I, without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the petitioner and the bail petition is ordered to be allowed. 6. It is, therefore, ordered that the accused petitioner Brajmohan S/o. Ram Pratap in F.I.R. No. 134/2009 of police station Jawar, District Jhalawar, shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- together with two surety bonds each in the sum of Rs. 10,000/- to the satisfaction of the learned trial court with the stipulation that he shall 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. Mak/- s-22