IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.6175/2010. Manmesh Vs. State of Rajasthan Date of order : July 19, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sudarshan Laddha for petitioner. Shri Amit Poonia, Public Prosecutor for State. ******
Heard learned counsel for petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for petitioner is that the prosecutrix, who is aged 19 years in her statement recorded u/S.164 Cr.P.C. has clearly stated that nobody abducted her and no one has committed rape upon her. The petitioner did not take her anywhere but rather went to his sister’s place. Petitioner is in jail for last one month. Investigation is almost complete. Nothing is to be recovered at the instance of the petitioner.
Learned Public Prosecutor has opposed the bail application but could not dispute the factual submissions made by the learned counsel for petitioner.
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 Manmesh S/o Shri Dhuli Lal Meghwal shall be released on bail in FIR No.159/2010 P.S. Keshorai Patan, District Bundi for offence u/Ss. 363, 366, 376 IPC and Section 3 of the SC/ST (Prevention of Atrocity) Act 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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