Judgment Krishan Kumar Acharya, J.-Heard learned Counsel for the petitioner and learned Public Prosecutor for the State. 2. Learned Counsel for the petitioner States that the petitioner has falsely been implicated in this case. The age of the prosecutrix has only been shown as 13 years in her statement and the Medical officer has written her age 15 years without Radioligists report. Learned Counsel for the petitioner has produced a copy of the Shramik Niyojan card being No. 5822 issued by Panchayat Samiti Jaitaran, District Pali in which the age of the prosecutrix is shown as 18 years. It is further submitted that prosecutrix herself had gone from her house with her own will and she had travelled with the petitioner from place to place for several days. There is no corroboration of medical evidence also. It is further stated that accused-petitioner has been arrested and interrogated by the police. He is in custody and the trial of the case is likely to take long time. Therefore, he prays that accused-petitioner may be released on bail. Accused-petitioner will not misuse the bail and repeat the offence. 3. Learned Public Prosecutor and learned Counsel for the complainant opposed this bail application and stated that the prosecutrix is minor and she has shown her age 13 years in her statement. Although Radiological examination has not been done, but Medical Officer has given the age of prosecutrix as 15 years. He further states that so far as the Shramik Niyojan Card is concerned, the lower Court has rightly disbelieved it while disposing the bail of the petitioner. He prays that bail may not be granted. 4. I have considered the rival arguments advanced by both the parties and also gone through the case-diary as well as relevant documents produced by learned Counsel for the petitioner. There is no Radioligist report in the instant case. The age of the prosecutrix has been shown as 18 years in the Shramik Niyojan Card produced by learned Counsel for the petitioner as well as in the ration card. It is not the stage to see whether prosecutrix is below 18 years or not. It shall be considered at the stage of trial. Accused-petitioner has been arrested and interrogated by the police. He is in custody.
It is not the stage to see whether prosecutrix is below 18 years or not. It shall be considered at the stage of trial. Accused-petitioner has been arrested and interrogated by the police. He is in custody. Looking to all the facts and circumstances of the case as also the fact that the prosecutrix had visited herself with the accused-petitioner at so many places with her own will, without commenting on the merit of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 5. Accordingly, the bail application under Section 439 CrPC is allowed and it is ordered that the accused-petitioner Bhappu Khan S/o Khaju Khan shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.20,000/- with two sureties of Rs.10,000/- each to the satisfaction of the learned trial judge for his appearance before the Court concerned on all the dates of hearing as and when called upon to do so.