1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Second Bail Application No. 3735/2010 Ram Swaroop Vs State of Rajasthan through PP 7.5.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Santosh Kaushik - 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 rejected at the stage of investigation which is now complete. Thus, in view of the liberty granted for filing a fresh bail application on submission of charge sheet, the second bail application has been filed. The allegation for commissioning of offence under section 376 IPC is not against the petitioner and his involvement in the offence has not come, thus petitioner may be enlarged on bail. 2 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, Ram Swaroop may be enlarged on bail under section 439 CrPC in FIR No. 218/2009 registered at Police Station – Mandawar, District – Dausa for offence under Section/s 363, 366Ak and 376 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