// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3654/2009 {Govind Singh @ Gopal Singh and Naina Ram Vs. The State of Rajasthan} Date of Order ::: 21 st July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Sandeep Mehta, Counsel for petitioners Shri Mahipal Vishnoi, PP for the State #### By the Court: Learned counsel for petitioners does not press bail application of petitioner No.1 Govind Singh @ Gopal Singh at this stage and prays that a liberty may be granted to him to file a fresh bail application after filing of challan against him in the case. The prayer appears to be reasonable, hence the same is allowed. The bail application of petitioner No.1 Govind Singh @ Gopal Singh is dismissed as not pressed with liberty as prayed for. So far as petitioner No.2 Naina Ram is concerned, it is contended on his behalf that even as per the statement of prosecutrix, there is no allegation of rape against him and that he is in judicial custody since 20th June, 2009, therefore, at-least his application for bail may be considered. The above facts have not been disputed // 2 // by learned Public Prosecutor on the basis of the case-diary. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow the bail application of petitioner No.2 Naina Ram under Section 439, Cr.P.C. Hence, it is directed that accused-petitioner Naina Ram S/o Saroop Ji, Resident of Verdara, Police Station Kelwara, District Rajsamand (presently lodged at District Jail, Rajsamand), be released on bail under Section 439 Cr.P.C., in F.I.R. No.83/2009, registered at Police Station Kelwara, District Rajsamand, under Sections 366, 376 and 120-B, I.P.C., provided he furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) together with one surety of the like amount to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application is partly allowed, as indicated above. (NARENDRA KUMAR JAIN), J. //Jaiman//