// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.2596/2009 {Babu Singh Versus State of Rajasthan} Date of Order ::: 27th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Pradeep Shah, counsel for the petitioner Shri Anil Joshi, PP for the State of Rajasthan #### By the Court: Heard learned counsel for the petitioner(s) as well as learned Public Prosecutor and perused the relevant material made available to me during the arguments of the case. The learned counsel for the petitioner referred the certified copy of statement of PW-1 Hem Kanwar @ Basanti, which is taken on record; and on that basis, he contended that entire prosecution case was based on statement of prosecutrix Hem Kanwar, who has now been declared as hostile, therefore, at this stage the bail application of the petitioner be considered sympathetically. Learned PP opposed the bail application. After considering the submissions of // 2 // 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 allow this application under Section 439, Cr.P.C. Hence, it is directed that accused-petitioner(s), namely Babu Singh S/o Shri Bhanwar Singh be released on bail under Section 439 Cr.P.C., in F.I.R. No. 125/2008, Police Station Panchu, District Bikaner registered under Section(s) 458, 363, 366, 376 & 120 B IPC, 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. (NARENDRA KUMAR JAIN), J. //DK//