IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.1535/2011 Ateek Mohammad Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 10.03.2011 Hon'ble Mr. Justice Mohammad Rafiq Shri Santosh Kumar Jain, counsel for petitioner Shri G.S. Rathore, Public Prosecutor Shri Sudarshan Laddha, counsel for complainant #### By the Court:-
Heard learned counsel for petitioner, learned Public Prosecutor as well as learned counsel for complainant and perused material made available to me during course of arguments.
Contention of learned counsel for petitioner is that this is a pour and simple case of adolescence and that prosecutrix out of her own free will accompanied petitioner. Both came to residence of prosecutrix’s maternal aunt. She was then went back to her parents within three days. She, in her statement under Section 164 Cr.P.C., Stated that petitioner did not do any wrong with her, although on the contrary she stated that petitioner had come to the bus stand for sending her. She has blamed another uncle of petitioner and her own maternal uncle for the incidence.
Learned Public Prosecutor and learned counsel for complainant opposed the bail application.
After considering all facts and circumstances of case and without expressing any opinion on its merits and demerits, I deem it just and proper to release accused-petitioner, namely, Ateek Mohammad Son of Shri Mohammad Rafiq, Resident of Mahaveer Colony, Nainwa Road, Bundi, District Bundi (presently confined in District Jail, Bundi) on bail under Section 439 Cr.P.C., in FIR No.43/2011, Police Station Hindoli, District Bundi, for offence under Sections 363 and 366 IPC, provided he furnishes a personal bond in sum of Rs.30,000/- with two sureties of Rs.15000/- each to satisfaction of trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.
The bail application stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//