Full Judgment
1. Heard learned counsel for petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.
2. Contention of learned counsel for petitioner is that prosecutrix (PW-2), in her court statement, has denied allegation of rape by petitioner and has stated that she had accompanied the petitioner to a place known as Maid. Learned counsel further contended that although the prosecutrix, in examination-in-chief or her statement under Section 164 Cr.P.C. has levelled allegation of rape but in the cross-examination she has clearly stated that petitioner as well the prosecutrix were labours and working at brick-klin and that she had accompanied the petitioner out of her free will and went to Ajitgarh where number of persons were there but she did not raise any hue and cry. At the end of the cross-examination she denied that any rape was committed upon her. Even according to the statement of her father Moolchand (PW-1), marriage of this witness was solemnized 35 years ago and that two years thereafter his wife came to reside with him and after five years her eldest daughter Sumitra was born and two years after that, prosecutrix Raju was born. On the basis of this statement. Learned counsel for petitioner further argued that prosecutrix is more than 25 years old and that this witness has stated that in fact FIR was registered by one Advocate Shri Mukesh. There is no previous case ever registered against the petitioner and that the prosecution is not likely to succeed in view of the statements of aforesaid two witnesses.
3. Learned Public Prosecutor opposed the bail application.
4. 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 allow this bail application. It is therefore ordered that accused-petitioner, namely, Hajarilal Son of late Shri Mohanlal, Resident of Jagdishpuri, Post Mangarh, Police Station Ajitgarh, District Sikar (presently confined in Sub-Jail, Shahpura) be released on bail under Section 439 Cr.P.C., in FIR No.129/2011, Police Station Shahpura, District Jaipur, for offence under Sections 366 and 376 of the IPC, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- 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.
5. The bail application stands disposed of.