1 S.B.Cr.Misc. Bail App. No.3963/2007 (Rama vs. State of Rajasthan) Date of order : August 20, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.Rakesh Arora, for the petitioner. Mr.Vishal Raj Mehta, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned as well as the challan papers. I have carefully gone through the statement of the prosecutrix recorded under section 164 Cr.P.C. It is contended by the learned counsel for the petitioner that the prosecutrix had been contesting party throughout, which from her statement obviously appears that she at her own accord used to accompany the petitioner and had the sexual intercourse. Even she herself got the pregnancy terminated in a hospital at Pratapgarh. Be that as it may, without commenting on the merit of the case having regard to the facts and circumstances of the case and the fact that the prosecutrix herself stated that she was taken by the petitioner but at no point of time she resisted or raised the alarm, I consider it just and proper to enlarge the 2 accused petitioner on bail. Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Rama s/o Bhogji be released on bail in FIR No.80/2007, P.S. Pipalkhunt, Distt. provided he furnishes a personal bond in a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs.10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR),J. m.asif/-