1 (1) S.B.CRIMINAL MISC. BAIL APPLICATION NO. 1586/2008 (Jagdish Chandra Vs. State of Rajasthan) (2) S.B.CRIMINAL MISC. BAIL APPLICATION NO. 1615/2008 (Naresh Kumar Vs. State of Rajasthan) DATE OF ORDER : 23/04/2008 HON'BLE MR.H.R.PANWAR, J. Mr. M.K.Garg } Mr. Sandeep Mehta } for the petitioners. Mr. S.K.Vyas, Public Prosecutor for State. Both these bail applications arise out of one and same FIR and therefore, are being heard and decided together. Heard learned counsel for the petitioners and Public Prosecutor for the State. Perused the order impugned, police investigation diary and statement of two prosecutrixes Pramila and Geeta recorded by Judicial Magistrate under Section 164 Cr.P.C. It is contended by learned counsel for the petitioners that in their statements, the prosecutrixes have not named the present petitioners and no role has been assigned to them. The allegation of rape is against co-accused Ashok and Vajelal. Looking to the facts and circumstances of the case and the fact that similarly situated co-accused Shri Gopal @ Gopilal has already been granted bail by this Court and no overt act has been assigned to present petitioners, I consider it just and proper to allow the bail application filed by the petitioners under Section 438 Cr.P.C. Accordingly, both the bail applications filed by the petitioners u/s 438 Cr.P.C. are allowed and it is directed that in the event of arrest of petitioners Jagdish Chandra S/o Narayan and Naresh Kumar S/o Chandra Shekhar in FIR No. 24/2008 P.S. Badi Sadari, district Chittorgarh, they shall be released on 2 bail for a period till the police concludes the investigation and files the challan provided each of them furnishes a personal bond in the sum of Rs.10,000/- alongwith one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:- (i)That they shall make themselves available for interrogation by a police officer as and when required; (ii)That they shall not, directly or indirectly, make any 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 or to any police officer and; (iii)That they shall not leave India without the previous permission of the Court. The petitioners shall surrender before the trial court on the date of filing of the challan and move a regular bail. (H.R.PANWAR), J. rp