Nisar Mohd. Vs. State of Rajasthan

criminal procedure code, 1973 - section 439--bail--petitioner alleged to have abducted the prosecutrix and committed rape on her who is reported to be more than 17 years but less than 19 years of age--considering facts and circumstances of case and expert opinion of radiologist regarding age of prosectrix--petitioner entitled to bail. ;bail application allowed - - 20,000/- with one surety in the like amount to the satisfaction of the concerned court for his appearance before that court on each and every date of hearing during investigation, enquiry and trial.harbans lal, j.1. this bail application under section 439, cr pc has been filed on behalf of the petitioner against whom investigation is pending in f.i.r. no. 58/2002 of p.s. siriyari for the offences under section 363, 366 and 376, ipc wherein the allegation against the petitioner is that he abducted mst. raisa banu who is reported to be of age of more than 17 years but less than 19 years and committed rape with her.2. having heard the learned counsel for the petitioner and the learned p.p. and upon a perusal of the papers placed before me and considering all the facts and circumstances of the case as also the expert opinion of radiologist regarding age of prosecutrix, i deem it just and proper to enlarge the petitioner on bail.3. in the result, (his bail application is allowed and it is directed that petitioner nisar mohd. shall be released on bail on his furnishing a personal bond in the sum of rs. 20,000/- with one surety in the like amount to the satisfaction of the concerned court for his appearance before that court on each and every date of hearing during investigation, enquiry and trial.