// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3518/2009 {Jagdish Vs. State of Rajasthan} Date of Order ::: 13th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Kaluram Bhati, Counsel for petitioner Shri Ashok Prajapat, PP for the State #### By the Court: Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. It is contended on behalf of the petitioner that the allegation in the present case, as per material, is against Kishan and there is no allegation of rape against accused-petitioner. This fact has not been disputed by the learned counsel for the State also after perusal of the case-diary. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, Cr.P.C. // 2 // Hence, it is directed that accused- petitioner Jagdish Son of Rakabaji, Resident of Hanuman Colony, Aahore, Tehsil Aahore, District Jalore (at present in Sub Jail, Bali, District Pali) be released on bail under Section 439 Cr.P.C., in F.I.R. No.47/2009, registered at Police Station Sanderao for the offence under Sections 363, 366 and 376 of the I.P.C., provided he furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) together with one surety of the like amount to the satisfaction of the trial court for his appearance before that court on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (NARENDRA KUMAR JAIN), J. //Jaiman//