IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. IIIrd Bail Appl. No. 1623/2010 Mukesh Yadav Vs. State of Rajasthan Dated : 11.02.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Neeraj Sharma, for the petitioner. Mr. Amit Punia, P.P. for the State. *** This order governs the disposal of third bail application filed under Section 439 of Cr.P.C. by Shri Neeraj Sharma, Advocate on behalf of the applicant Mukesh Yadav pertaining to F.I.R. No.273/2009 of police station Harmada, District Jaipur, in the offences under Sections 363, 366 and 120-B of IPC. 2. Heard the learned counsel for the petitioner as also learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that prosecution has examined PW/1 Chothmal, PW/2 Raghuveer Singh and PW/3 Priya Nogiya. They have not supported the prosecution story and thus they have turned hostile. Even PW/3 Priya Nogia the prosecutrix deposed before the Court that she voluntarily accompanied Rakesh and he did not abduct her. The accused Rakesh has already been enlarged on bail by the Coordinate Bench. The petitioner is only -2- alleged to have accompanied and assisted Rakesh in getting Priya Nogia abducted. In view of this change in fact situation, the petitioner may also be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 5. Having considered the submissions made at the bar and perused the relevant material available on record, I, without expressing any opinion on the merits of the case, but keeping in view the statements of PW/1 Chothmal, PW/2 Raghuveer Singh, PW/3 Priya Nogia and changed fact situation, feel that the petitioner deserves to be granted indulgence of bail and his third bail petition is ordered to be allowed. 6. It is, therefore, ordered that the accused petitioner Mukesh Yadav S/o Shri Ram Niwash Yadav, in F.I.R. No. 273/2009 of police station Harmada, District Jaipur, shall be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rs. Thirty thousand only) together with two surety bonds each of Rs.15,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. Pcg