1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7487/2010 Ashok Vs. State Date of order : 4/8/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri K.K. Bhinda for the petitioner. Shri Amit Punia, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that petitioner has been falsely implicated in the present case inasmuch as in the first information report and in the statement of prosecutrix recorded u/s.161 Cr.P.C., co-accused Subhash, Pooran and Pallu were named as the main accused, but subsequently she by way of improvement in her statement recorded u/s. 161 of Cr.P.C., named co-accused Musaram and the present petitioner Ashok. All the other co- accused i.e. Subhash, Pooran, Pallu and Musaram have already been enlarged on bail by different coordinate benches of this Court. Petitioner is in jail for last almost four months. There is no other case pending against the petitioner. Learned Public Prosecutor has opposed the bail application, but was not in a position to dispute the factual contents 2 and the submissions made by learned counsel for the petitioner. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Ashok S/o Bhanwar shall be released on bail in F.I.R. No.97/2007, P.S. Khandela, Distt. Sikar for offence u/s.363, 366, 376(2) and 149 of IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/