SB Crlmb No.6811/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.6811/2010. Girvar Sharma Vs. State of Rajasthan Date of order : July 28, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Banwari Sharma for the petitioner. Shri G.S. Rathore Public Prosecutor for State. ****** Heard learned counsel for petitioner as well as learned Public Prosecutor for State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that main allegation of committing rape is against co-accused Pankaj and not against the present petitioner for whom it is alleged that Pankaj while eloping with prosecutrix-Priyanka, used his motorcycle. Prosecutrix in her statement recorded u/S.161 Cr.P.C. also names Girvar Sharma whose motorcycle was used for that purpose. In her statement recorded u/S.164 Cr.P.C., she does not make any allegation of rape against the present petitioner by name. Petitioner was arrested on 8/7/2010 and since then he is in jail. Investigation is almost complete. Trial of the case take long. Learned Public Prosecutor has opposed the bail application. SB Crlmb No.6811/10. 2 Having regard to the facts aforesaid and considering all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner - Girvar Sharma S/o Shri Madan Lal Sharma shall be released on bail in FIR No.182/2010 P.S. Khetari, District Jhunjhunu for offence u/Ss.363, 366, 376, 120B IPC and Section 3 (1)(x) of the SC/ST (Prevention of Atrocities) Act on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial. (MOHAMMAD RAFIQ), J. anil