CRLMB3910/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3910/2010 Pradeep Yadav Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 07.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Sanjay Singhal, 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 even the prosecutrix in her statement recorded under Section 164 Cr.P.C., stated that she had been residing with the accused-petitioner as his wife for a quite long period and they were having sexual relationship out of her free will and consent. The problem arose when she conceived and despite making efforts could not terminate the pregnancy. The allegation of rape is absolutely baseless, which is apparent from the statement made by the prosecutrix. The petitioner was arrested on 03.04.2010 and since then he is in jail. There is no other case ever registered against the petitioner; challan has already been filed; trial of the case is likely to take a considerable time. 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, CRLMB3910/2010 // 2 // namely, Pradeep Yadav Son of Madanlal on bail under Section 439 Cr.P.C., in FIR No.67/2010, Police Station Baran Sadar, Baran, under Sections 363 and 366 IPC, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- 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//