CRLMB7602/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.7602/2010 Amit Kumar Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 16.09.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Bharat Lal, cousin brother of petitioner, present-in-person Shri Prakash Chand, representative of PP office #### By the Court:- This application under Section 439 of the Cr.P.C. has been filed by petitioner Amit Kumar seeking bail pending trial in FIR No.232/2010, Police Station Gudhagaurji, for offence under Sections 382, 384, 506 and 376 IPC. Petitioner has contended therein that he has been falsely implicated in the case and that tenor of the FIR and also the statement of the prosecutrix recorded by the police under Section 161 Cr.P.C. clearly show that the prosecutrix had been having relationship with the accused- petitioner even before her marriage, while the first FIR that was sought to be registered, did not contain the allegation of offence under Section 376 IPC but in the subsequent FIR which was lodged after due legal consultation, had allegation of rape. The prosecutrix has admitted that the petitioner, who gave her a SIM, asked her to speak on cellphone by using that SIM. The petitioner is a qualified person and had passed NET and had been working with the Government College on contract basis, and the complainant is also a teacher. A false case has been registered against the petitioner only because the husband of the CRLMB7602/2010 // 2 // complainant came to know about their relationship, and he pressurized her to lodge the FIR. No recovery remains to be made from the petitioner inasmuch as the allegation of blackmail is totally baseless. The evidence also shows that the complainant accompanied the petitioner to visit various places on his motorcycle. Challan has already been filed. Trial of the case will take considerable time. After considering all the facts and circumstances of the case and perusing the statement of the prosecutrix and also the case diary, and without expressing any opinion on its merits, I deem it just and proper to release the accused-petitioner, namely, Amit Kumar Son of Kesari Lal, Resident of Ghamohra, Police Station Gudhagaurji, District Jhunjhunu, on bail under Section 439 Cr.P.C., in FIR No.232/2010, Police Station Gudhagaurji, District Jhunjhunu, for offence under Sections 382, 384, 506 and 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 accordingly. (Mohammad Rafiq) J. //Jaiman//