JUDGMENT 1. - The present bail application has been filed under Section 439 of the Cr.P.C. The petitioner has been arrested in F.I.R. No. 90/2013, registered at Police Station, Bhadra, District Hanumangarh, for the offences under Sections 366, 376, 306 of the I.P.C. and Sections 3(i)(xii) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. 2. Learned counsel for the petitioner while praying for bail submitted that the allegation against the petitioner as per the statement under Section 161 of the prosecutrix deceased recorded on 25.2.2013 is that he committed rape upon her 3 days ago. The statement is recorded on 25.2.2013. Thus, the rape is stated to have been committed on 22.2.2013. It is stated that the same is false on the face of it as, admittedly, there are telephone calls and various SMS messages to the petitioner and some other persons by the prosecutrix (since deceased) from 1.2.2013 to 22.2.2013 to the extent of approximately 7500 calls. Thereafter, there are almost 30 SMS messages between 22.2.2013 to 25.2.2013, i.e., after the alleged incident of rape up til her death to the petitioner alone. It was accordingly stated that the same suggests consent between the parties and that there was no abetment by the petitioner which forced the deceased to commit suicide. 3. Learned counsel for the State while opposing the bail submitted that statement of the prosecutrix under Section 161 was recorded immediately before her death in which she has made a specific allegation of rape against the petitioner and it was on account of the said incident that she had died. 4. Heard. 5. As per the prosecution story, the deceased was working in the hospital owned by the father of the petitioner. The call details placed on record suggest that the deceased was regularly calling up the petitioner and was regularly sending him SMS messages. The said SMS messages suggest relations between the two. In case, the incident in the Bolero car on 22.2.2013 was against the consent of the deceased, the question of her calling up the petitioner after the said incident and sending romantic SMS messages does not arise. Instead, there are almost 30 SMS messages by the deceased to the petitioner. There is no evidence that the petitioner abetted suicide. In case, the incident in the Bolero car on 22.2.2013 was against the consent of the deceased, the question of her calling up the petitioner after the said incident and sending romantic SMS messages does not arise. Instead, there are almost 30 SMS messages by the deceased to the petitioner. There is no evidence that the petitioner abetted suicide. The evidence read out suggests that the deceased was unhappy as the petitioner was not responding to her messages in spite of the relationship. Challan has been filed. The petitioner is in custody for the last six month. 6. Taking into account totality of the facts and circumstances of the case, bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Sandeep Kumar S/o Shri Jeevan Ram Jat be released on bail provided the furnishes a personal bond in the sum of Rs. 40,000/- (Rupees Forty Thousand only) along with two sureties of Rs. 20,000/- (Rupees Twenty Thousand only) each to the satisfaction of the concerned trial Court for his appearance in that Court on all dates of hearing and whenever called upon to do so.Bail application allowed. *******