BHARGAVA, J. - (1.) HEARD learned counsel for the petitioner as well as the learned Public Prosecutor.
(2.) THE case has been registered against the accused under Sections 366 and 380 I. P. C. During investigation, accused Shyam Lal, Muneer Bano, Ram Niwas and Ayub were arrested and released under section 439, Cr. P. C. Co-accused Bhanwarlal has also been enlarged on bail under Section 438, Cr. P. C. Smt. Bhanwari Devi, another co-accused has also been released on bail under Section 438, Cr. P. C. Learned counsel for the petitioner has placed reliance on Abdul Mazid vs. State of Rajasthan (l) where this Court granted anticipatory bail under Section 438, Cr. P. C. because the FIR was lodged after a great delay. He also placed reliance on Faiyaz Ali vs. State (2) where also application under Section 438, Cr. P. C. was allowed as no injuries were found on the body or the private parts of prosecutrix. He further relied on Vishnu Kumar vs. State of Rajasthan (3) where also anticipatory bail was granted though the prosecutrix was only of 15 years age but since there were contradictions in her statements under Sections 151 and 164 Cr. P. C. In the present case also, Prosecutrix under Section 161 Cr. P. C. has admitted that there was love affairs between her and the present petitioner. Prosecutrix had been away from her house from 6. 10. 1991 to 27. 11. 1991 but she did not made any complaint or effort to lodge the FIR. Moreover, she is 22 years old. In such circumstances, I am inclined to allow this bail application under Section 438, Cr. P. C. The SHO Police Station Khatu Badi Distt. Nagaur in FIR No. 56/91 is directed that in the event of arrest of petitioner Babu Khan he be released on bail, provided he furnishes a personal bond in the sum of Rs. 10,000/-with two sureties of Rs. 5,000/- each to his satisfaction on the following conditions: - 1. that the petitioner shall make himself available for interrogation by a police officer as and when required; 2. that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer, and; 3. that the petitioner shall not leave India without the previous permission of the Court. .;