1 S.B.Cr.Misc. Bail App. No.3965/2007 (Deliya vs. State of Rajasthan) Date of order : August 20, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.Rakesh Arora, 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 as also the challan papers. I have also gone through the statement of the prosecutrix as well as the FIR. It is contended by the learned counsel for the petitioner that the allegation of rape is not against the present petitioner and the prosecutrix has married to Roopa, against whom the allegation of rape has been levelled. Be that as it may, without commenting on the merit of the case, having considered the totality of facts and circumstances of the case and the fact that there is no allegation of rape against the present petitioner, I think it just and proper to enlarge the accused petitioner on bail. 2 Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Deliya s/o Tejiya be released on bail in FIR No.77/2007, P.S. Danpur, Disst. Banswara 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/-