1 of 2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT J O D H P U R ::: ORDER In S.B. Cr. Misc. Bail Application No.3741/2009 Mohan Lal v. State of Rajasthan ::: Date of Order: 23rd July, 2009 ::: P R E S E N T HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Mr Rajesh Panwar, for the petitioner Mr Ashok Prajapat, Public Prosecutor for the State ::: By the Court: Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the relevant material/case diary made available to me during the arguments of the case. Learned counsel for the petitioner argued that from the statements of prosecutrix, allegation of committing offence of rape is against co-accused Badri Lal and there is no such allegation against the petitioner. This fact is borne out from the order of Sessions Judge itself and from the case diary, which was summoned. Above facts have not been disputed by learned Public Prosecutor also. Learned counsel for the petitioner also contended that the petitioner is in judicial custody and nothing is to 2 of 2 be recovered or investigated from him now, therefore, he may be released on bail. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I think it just and proper to release the accused-petitioner, namely, Mohan Lal s/o Ratan Lal, presently confined in Sub Jail, Kapasan, District- Chittorgarh on bail under Section 439 Cr.P.C., in F.I.R. No.207/2009, Police Station- Kapasan, registered under Secs.363, 366 & 376 read with sec.120B, IPC, 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. This bail application is allowed accordingly. (NARENDRA KUMAR JAIN), J. mma