1 S.B.Cr.Misc. Bail App. No. 1166/2008 (Bhagwan Singh & Anr. Vs. State of Rajasthan) Date of order : 14/03/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Mahesh Thanvi for the petitioners. Mr. Ashok Upadhyay, Public Prosecutor. Heard learned counsel for the petitioners and the Public Prosecutor for the State. Perused the order impugned as also statement of victim Mangilal recorded by Judicial Magistrate, Kuchaman City under Section 164 Cr.P.C. It is contended by learned counsel for the petitioners that from the perusal of the statement, very essential ingredient for the offence under Section 377 IPC is not made out. The offence punishable under Section 377 IPC has been defined under Section 377 IPC which provides whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal. According to learned counsel for the petitioners there is no allegation of carnal intercourse. Looking to the facts and circumstances of the case and having considered the oral arguments advanced by both the parties, without commenting on the merit of the case, I think it just and proper to enlarge the accused petitioners on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is 2 allowed and it is directed that petitioners Bhagwansingh S/o Padamsingh and Sohanram S/o Pusaram be released on bail in CR No.17/2008 P.S. Maulasar, district Nagaur, provided each of them executes a personal bond for 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 their 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. RP