1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6328/2010 Rishipal @ Banti & Anr. Vs. State Date of order : 15/7/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Yogesh Gupta for the petitioners. Shri Amit Punia, P.P. for the State. ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioners is that offence against the petitioners is under Section 366 and 376 of IPC, whereas the prosecutrix in her statement under Section 164 has not made any allegation of rape against any of the petitioners. The tenor of her statement clearly show that the prosecutrix has herself returned back to his parents. Challan has already been filed and trial of the case is likely to take long. Petitioners are in jail since 29.3.2010. There is no other criminal case against any of the petitioners. Learned Public Prosecutor has opposed the bail application. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it 2 appropriate to enlarge the petitioners on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Rishipal @ Banti S/o Pratap Singh & (2) Mahesh Chand S/o Badan Singh shall be released on bail in F.I.R. No.3/2010, P.S. Atalband, Distt. Bharatpur for offence u/s.366 and 376 of IPC on each of them furnishes a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/