IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.4074/2010. Rajesh Kumar Vs. State of Rajasthan Date of order : 14/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Harendra Singh Sinsinwar for petitioner. Shri Amit Poonia, Public Prosecutor for State. Shri Pradeep Choudhary for the complainant. ******
Heard learned counsel for petitioner, learned Public Prosecutor for the State as well as learned counsel for the complainant and perused the relevant documents placed before me.
Learned counsel for petitioner argued that accused petitioner and the prosecutrix were in love with each other and more than two dozens of love letters which the police has seized and which are the part of the challan papers shows that there was no element of force. Learned counsel submitted that statement of the prosecutrix shall have to be therefore read in that context. It is submitted that the so-called photograph on the strength of which, petitioner was arrested, was nowhere in existence and was not recovered from the petitioner or otherwise by the police. Originally when the matter was settled between the parties, petitioner was let off to go home on execution of bail bonds by the police on 1/3/2010. Thereafter, the dispute again arose for the aforesaid reasons and then petitioner was arrested on 1/4/2010 and since then, he is in jail. Challan has been filed and the trial of the case will take a long time.
Considering the submissions made at the bar, the nature of accusation, the materials on record and 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 Rajesh Kumar S/o Shri Ghanshyam shall be released on bail in FIR No.29/2010 P.S. Mahila Thana, Bharatpur for offence u/Ss.363, 366(A), 376 and 384 IPC 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.
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