CRLMB6300/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6300/2010 Mushtak Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 22.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Harendra Singh for Shri Birisingh Sinsinwar, Counsel for petitioner Shri Amit Punia, Public Prosecutor Shri Mukesh Pal, Counsel for complainant #### By the Court:- Heard learned counsel for petitioner, learned Public Prosecutor as well as learned counsel for complainant and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that the only allegation against the petitioner is that he was driver of the vehicle in which prosecutrix was raped by co-accused Gulsher and Isfaq @ Bhurya; there is no allegation of rape against the petitioner and that the petitioner was arrested on 14.06.2010. The petitioner has been falsely implicated in the case. The investigating agency is also investigating the matter with another angle so as to find out his false implication in the matter. It is further contended that there is no previous case against the petitioner. Investigation is almost complete; challan is likely to be filed. 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 CRLMB6300/2010 // 2 // just and proper to release the accused-petitioner, namely, Mushtak Son of Shri Mumtaz Khan on bail under Section 439 Cr.P.C., in FIR No.249/2010, Police Station Kotwali, Sawaimadhopur, under Sections 143, 323, 363 and 366 (later on added Section 376 IPC), provided he furnishes a personal 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//