IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.5937/2010 Salam @ Islam Vs. State of Rajasthan Date of order : 08/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Shailesh Kumar Panwar for accused petitioners Mr. Amit Poonia, Public Prosecutor for the State ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that the only allegation against the petitioner is of committing offence under Section 366 IPC. The prosecutrix who is major and mother of a child has herself stated in her Parcha Bayan that she had gone with the accused petitioner out of her free will on his motor cycle and after covering some distance she herself jumped from the motor cycle while the petitioner wanted to take her away. According to the learned counsel, the allegation of abduction is totally baseless. Even otherwise, the petitioner is in jail for more than a month. Investigation may take time to complete and then trial of the case may still take longer time. On the other hand, learned Public Prosecutor has opposed the bail application. Considering the rival submissions and 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 just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Salam @ Islam S/O Roshan Ali shall be released on bail in F.I.R. No. 124/2010, Police Station, Kotwali, Jhalawar 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. thanvi