Cr.MPM No.997/2008 13.10.2008 Present: Mr. Ajay Kochhar, Advocate, for the petitioners. Mr. R.M.Bisht, Dy.A.G. with Mr. Rajesh Mandhotra, Dy. A.G. for the State. This application for grant of bail has been filed by the petitioners in respect of FIR No. 22 of 2008 registered against them on 11.2.2008 with the Police Station Baddi, District Solan, H.P. The prosecution case as initially set out was that petitioner No.1 gave a lift to the prosecutrix ( name withheld), who was allegedly working in the factory owned by him. According to the version initially given, the petitioner No.1 made sexual overtures to her which she spurned. Thereafter the prosecutrix was taken to a Guest House. She was given a drink laced with some intoxicant and she lost her senses. When she regained consciousness, the prosecutrix found that her clothes were disarranged and she has been raped. Petitioner No.2 allegedly offered some money to the prosecutrix. The prosecutrix thereafter went to the Police Station and lodged the report. Previously, the application filed by petitioner No.1.Sandeep Arora was rejected on 3.6.2008 and another application filed by petitioner No.2 Rajeev Kapoor was rejected on 16.6.2008. However, liberty was given to the petitioners to file fresh application(s) after the statement of the prosecutrix is recorded. The statement of the prosecutrix has now been recorded. The prosecutrix has not supported the prosecution version at all. According to the version in Court, she was not subjected to sexual intercourse. Without commenting on the merits of the case and without in any manner going into the question as to whether the prosecutrix has spoken the truth in court or not, in view of the fact that she has, prima facie, not supported prosecution, I feel that a case has now been made out for enlarging both the petitioners on bail. It is, therefore, ordered that both the petitioners be enlarged on bail subject to their furnishing bail bonds in the sum of Rs. 25,000/- each with one surety each in the like amount to the satisfaction of the learned trial Court. This bail is granted subject to the following conditions that both the petitioners shall i) not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court; ii) not attempt to tamper with the prosecution evidence; and iii) not leave India without prior permission of this Court. The bail application is disposed of the aforesaid terms. Dasti Copy. October 13, 2008. ( Deepak Gupta ) s. Judge.