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.3628/2009 Pinnu @ Vinod & anr v. State of Rajasthan ::: Date of Order: 17th July, 2009 ::: P R E S E N T HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Mr D.S. Udawat, for the petitioner Mr Anees Bhurat, Public Prosecutor for the State ::: By the Court: Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the relevant material/case diary made available to me during the arguments of the case. It is contended on behalf of the petitioners that neither in the FIR nor in the statement of prosecutrix recorded under sec.161 CrPC, names of accused petitioners were not mentioned and their names were taken first time after 15 days, in the statement of the prosectrix recorded under sec.164 CrPC. However, even in her statement under sec.164 CrPC also, there is no allegation of rape against the accused petitioners. The allegation of rape is only against Sunil Kumar, who has not moved bail 2 of 2 application. The investigation is also complete and challan in the matter has been filed. The accused persons are in judicial custody, therefore, it is contended that they may be released on bail under sec.439 CrPC. 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-petitioners, namely, 1] Pinnu @ Vinod s/o Om Prakash, 2] Ashok s/o Om Prakash, presently confined in Sub Jail, Jaitaran on bail under Section 439 Cr.P.C., in F.I.R. No.84/2009, Police Station- Raipur, District- Pali, registered under Secs.366, 363, 376/120B, IPC, provided each of them 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 their 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