IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.6136/2010. Abdul Rafiq Khan Vs. State of Rajasthan Date of order : July 14, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Gaurav Gupta for petitioner. Shri Amit Poonia, Public Prosecutor for State. Shri S.P. Poshwal for the complainant. ******
Heard learned counsel for petitioner, learned Public Prosecutor for the State, learned counsel for the complainant and perused the relevant documents placed before me.
Contention of the learned counsel for petitioner is that similarly situated co-accused Pradeep Nayak has already been enlarged on bail vide order dated 29/6/2010 passed by the co-ordinate Bench of this Court in S.B. Cr.Misc.Bail Application No.5976/2010. The matter has been compromised between the accused-petitioner and the complainant-prosecutrix. Even otherwise, it was a case of consent as would be evident from the statement of the prosecutrix recorded u/S.164 Cr.P.C. Petitioner is now agreeable to marry with the complainant-prosecutrix.
Learned counsel for the complainant-prosecutrix submits that he has verified from her client that they have sorted out the dispute outside the court.
Learned Public Prosecutor could not oppose the bail application.
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-Abdul Rafiq Khan S/o Shri Abdul Rahim shall be released on bail in FIR No.342/2010 P.S. Vaishali Nagar, District Jaipur City (South), Jaipur for offence u/Ss.376, 384, 342, 363, 366 and 120-B 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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