N.L.TIBREWAL,J. - (1.) HEARD learned Counsel for the petitioner and learned Public Prosecutor.
(2.) I haveread the F.I.R. as well as the statements of Lalsingh and Smt. Billa. The argument of the learned Counsel for the petitioners is that the manner in which the incident is alleged to have taken place, is so on natural and improbable that it cannot be believed. According to him, there might have been some incident of mar -peet, but subsequently, colour has been given to make the case more serious. According to him, it cannot be believed that the petitioner committed rape on Smt. Billa who is on groving up woman, in the presence of her Devar as well as in the presence of the brother of the petitioner. He further submits that the incident is said to have taken place in a field where Bajra Crop was standing and in such a situation, Smt. Billa Would have sustained injuries on the lower part of her body. Without commenting on the merits of the case, but taking into consilcration all the facts and circumstances of the case, I am inclined to grant pre -arrest bail to the petitioner Under Section 438 Cr.P.C.
(3.) CONSEQUENTLY , I allow this application.;