MAHESH BHAGWATI, J. - (1.) THIS order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri M.S. Kumawat Advocate on behalf of the applicant Vijendra pertaining to F.I.R. No. 103/07 of Police Station Murlipura Jaipur in the offences under Sections 363, 368, 376(2)(g), 379, 120(B) of IPC. The accused-petitioner Vijendra associated with other co-accused persons is alleged to have abducted and indulged in unlawful coitus with the prosecutrix Suman against her will and without her consent.
(2.) HEARD the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. Learned counsel for the accused petitioner has contended that the prosecutrix Suman has been examined by the trial court as PW-12. While drawing my attention to her statements, he has further contended that she has not corroborated the story of prosecution and has been declared hostile. She has categorically stated that neither she was abducted by any persons nor she was ravished by anybody against her will and without her consent. Learned counsel submits that in view of the fact that when the prosecutrix has been declared hostile and has not supported the prosecution case nothing remains to be decided. Hence, the petitioner may also be granted indulgence of bail as other co-accused Papu has already been granted bail by the trial court. Learned Public Prosecutor has opposed the bail application. Having reflected over the submissions made at the bar and scanned the statement of PW-12 Suman and relevant material available on record, I deem it just and proper and feel inclined to grant bail to the petitioner under Section 439 Cr.P.C. It is, therefore, ordered that the accused petitioner Vijendra S/o. Shri Kishan Bawariya in FIR No. 103/07 Police Station Murlipura Jaipur shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/-together with two surety bonds each of Rs.25,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. ;