IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6405/2009 Shankar lal @ Shiv Shankar vs. State of Rajasthan Dated : 27.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. J.S. Chauhan, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. J.S. Chauhan Advocate on behalf of the applicant pertaining to F.I.R. No. 130/2009 at police station Jawahar Nagar, Kota, District Kota, in the offences under Sections 498-A and 493 of IPC. 2. Heard the learned counsel for the petitioner and learned Public Prosecutor appearing for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated. The FIR of this case is found to have been lodged after an inordinate delay. The facts as enumerated in the FIR, it tangibly reveal that the prosecutrix had a coitus with the petitioner with her own will and with consent. No element of force is found to have been applied by the petitioner in having coitus. The petitioner has been in custody for quite a long time, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case, do feel inclined to grant bail to the accused petitioner. 6. It is, therefore, ordered that the accused petitioner Shankar lal @ Shiv Shankar S/o. Sh. Mohanlal in F.I.R. No. 130/2009 at police station Jawahar Nagar, Kota, District Kota, shall be released on bail on furnishing a personal bond of Rs.30,000/-together with two surety bonds in the sum of Rs. 15,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI),J. Mak/- 13