1 S.B.Cr.Misc. IInd Bail App. No.816/2008 (Ganesh Vs. State of Rajasthan) Date of order : March 28, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.Sanjay Mathur, for the petitioner. Mr.Ashok Upadhyaya, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned. I have carefully gone through the statement of prosecutrix PW.6. At page 19 of statement of the prosecutrix, she has categorically stated that the statement which she earlier gave that the petitioner, Ramesh, Man Singh and Pankaj tied her hands and legs and took her in an Indica Car has not been correctly stated by her but what has been stated in the Court in cross-examination is the correct version and the earlier version has been given by her as she was afraid. It is contended by learned counsel for the petitioner that there is no allegation of rape against the present petitioner. On careful perusal of the statement of the prosecutrix, of course, there is no allegation of rape against the present 2 petitioner. Having regard to the facts and circumstances of the case and keeping in view the statement of the prosecutrix recorded by the trial court, taking into account the oral arguments advanced by both the parties, I consider it just and proper to enlarge the accused petitioner on bail. Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Ganesh s/o Jeeva Ji be released on bail in FIR No.91/2007, P.S., Chitari, Distt. Dungarpur provided he furnishes a personal bond in a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs.10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR),J. m.asif/-