1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.1949/2010 Anil Kumar Vs. State Date of order : 20/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Madhav Mitra for the petitioner. Shri Amit Punia, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Learned counsel for the petitioner has argued that tone and tenure of the complaint, which was lodged twenty one days after the date of incident and the statement of prosecutrix recorded under Section 164 Cr.P.C. and also her court statement clearly show that it was a case of consent. The prosecutrix is a major woman of 26 years of age and that she had out of her free will, went with co-accused Raju on motor cycle and when her husband saw her, he has taken steps to lodge criminal complaint at his instance. No specific allegation of rape has been made against the petitioner. Even in her application submitted to SHO, Police Station, Jaipur on 12.11.09, she has stated that she went to Hotel on Sikar road where co-accused Raju had sex with her on 20.10.2009 and thereafter she has not had any contact with anyone therefore she did not get herself medically examined. Subsequently, however, when she was 2 medically examined, nothing was found suggestive of the fact that she was virgin or that there was any mark of resistance or otherwise any injury to show forcible rape. The petitioner is in jail since 12.11.09. The prosecutrix in her statement recorded before the Court has not been able to stand the scrutiny and in her cross examination, has even gone to the extent of saying that petitioner Anil and Raju did not commit any rape upon her. Learned Public Prosecutor has opposed the bail application. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate 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 Anil Kumar S/o Ram Kumar shall be released on bail in F.I.R. No.431/09, P.S. Murlipura, Jaipur 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 trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/