JUDGMENT 1. - The present Bail Application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No. 321/2015, Police Station Bhimganjmandi, Kota City for the offences under Sections 376 and 420 I.P.C. 2. Heard learned Counsel for the petitioner and the learned Public Prosecutor and perused the material available on record. 3. Learned Counsel for the petitioner contends that prosecutrix is a major married woman. She and the accused were carrying on physical relations for last more than 3 years. Finally in October, 2014, the relations fell out owing to some monetary dispute and thereafter the belated F.I.R. was lodged against the petitioner. Investigation is complete and charge-sheet has been filed. He prays that the accused deserves to be enlarged on bail. 4. Learned Public Prosecutor vehemently opposed the Bail Application. 5. The prosecutrix Mst. (D) aged about 38 years was examined under Section 164 Cr.P.C. during examination and in this statement, she admitted that physical relations were established and continued between her and the accused since the year 2012. Finally, in the year 2015 the accused alleged by took a sum of Rs. 42,000/- from the complainant under the pretext of getting a job for husband. Neither did he get employment for her husband nor did he return money. Thereafter, the F.I.R. came to be lodged. During this entire period of years, the prosecutrix appears to have raised no objection against the physical relations and did not even inform her husband of this fact. 6. Having regard to the overall facts and circumstances of the case and upon consideration of the arguments advanced at the bar but without commenting on the merits and demerits of the case, this Court is of the opinion that the Application filed by the petitioner deserves to be accepted. 7. Consequently, the Bail Application is allowed. It is ordered that the accused-petitioner Jitendra Kumar Jaiman S/o Shri Narendra Kumar Jaiman arrested in connection with F.I.R. No. 321/2015, Police Station Bhimganjmai Kota City shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each to the satisfaction of learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.Bail Application allowed. *******