1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Second Bail Application No. 2727/2010 Ashok Vs State of Rajasthan through PP 6.5.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Ashish Chauhan - for the petitioner Mr Laxman Meena - Public Prosecutor BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that first bail application was dismissed when investigation was in progress. The second bail application has been filed on filing of the challan. It is submitted that complaint for commission of offence under section 376 IPC was made almost after more than ten months from the initial date of alleged commission of offence. The way occurrence is said to have been given cause shows that no case for the offence under section 376 IPC is made out. Hence, the petitioner may be enlarged on bail as otherwise also he would be facing the trial. It is further submitted that the prosecutrix is 2 getting married thus it would be in the fitness of case that petitioner may be granted bail. On the other hand, 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, Ashok may be enlarged on bail under section 439 CrPC in FIR No. 230/2009 registered at Police Station – Bagru, District – Jaipur for offence under Section/s 376, 354 and 384 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