IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.5251/2010 Onkarmal Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 28.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Harendra Singh, Counsel for petitioner Shri Amit Punia, Public Prosecutor Shri Amit Singh, Counsel for complainant #### By the Court:-
Heard learned counsel for petitioner, learned Public Prosecutor as well as learned counsel for complainant and perused the material made available to me during the arguments of the case.
Contention of learned counsel for petitioner is that even from the statement of prosecutrix recorded under Section 164 Cr.P.C. it is clearly evident that the petitioner and prosecutrix used to talk on cell phone and that her statement is indicative of fact that it was a consent case; she has not narrated in so many words about the possible rape as was the version in her statement recorded under Section 161 of the Cr.P.C.; there is no sign of resistance in the Medico-Legal Report nor any other evidence showing commission of possible rape is there; petitioner is in jail from 04.04.2010; challan has already been filed; there is no previous case pending against the petitioner.
Learned Public Prosecutor and learned counsel for complainant opposed the bail application.
After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Onkarmal Son of Ganpatram on bail under Section 439 Cr.P.C., in FIR No.64/2010, Police Station Raghunathgarh, District Sikar, for offence under Sections 376, 380 and 450 IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the 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//