1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Bail Application No. 8142/2010 Badri Lal Vs State of Rajasthan through PP 24.9.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Rajvir Sharma - for the petitioner Mr GS Fauzdar, PP - for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that if statement of prosecutrix recorded under section 164 CrPC is looking into then allegation of commissioning of rape exists against co-accused Dhanraj and Banwari and not against the petitioner The only allegation made against the petitioner is that he took away prosecutrix along with three others. If FIR itself is looked into then it comes out that petitioner and one other left prosecutrix and came back together. Looking to the aforesaid, petitioner may be enlarged on bail as trial may take time. 2 Learned Public Prosecutor has opposed the bail application. After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that petitioner deserves to be enlarged on bail. Accordingly, the bail application is accepted and it is directed that accused-petitioner namely; Badri Lal may be enlarged on bail under section 439 CrPC in FIR No. 101/2010 registered at Police Station – Lakheri, Bundi for offence under Section/s 363, 366 and 376 (2) (g) IPC provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (MN BHANDARI), J. bnsharma