1 S.B.Cr.Misc. Bail App. No. 1226/2008 (Kacharu Vs. State of Rajasthan) Date of order : 25/03/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Pawan Ojha, for the petitioner. Mr. Ashok Upadhyay, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and police investigation diary. It is contended by learned counsel for the petitioner that no overt act has been assigned to the petitioner. There is no allegation of rape against the petitioner. The allegation of rape is against co- accused Narain and if anybody who has facilitated him for such an act are other persons but so far as the present petitioner is concerned nothing has been said against him in the statement. Looking to the facts and circumstances of the case and the fact that no overt act has been assigned to the present petitioner, having considered the oral arguments advanced by both the parties, I think it just and proper to enlarge the accused petitioner on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Kacharu S/o Shanker be released on bail in FIR No.26/2008 P.S. Jawar Mines, district Udaipur, 2 provided he executes a personal bond for 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. RP