1 S.B. Criminal Misc.II Bail Application No.3149/2007 Date : 17.07.2007 HON'BLE MR.SATYA PRAKASH PATHAK, J. Mr. Anil Kaviraj for the applicant. Mr. O.P. Rathi, Public Prosecutor. I have heard learned counsel for the applicant as well as the learned Public Prosecutor for the State and carefully gone through the impugned order. The contention of learned counsel for the applicant is that the prosecutrix is aged 10 years and has specifically stated that the accused applicant was not responsible for committing rape and no rape was committed with her and the Doctor who has examined the prosecutrix has not found any injury on her private part. Learned counsel has drawn my attention towards the statements of other witnesses. None of the witnesses has suported the prosecution case. On the other hand, learned Public Prosecutor has opposed the bail application and submitted that the mother of the 2 prosecutrix has not been examined, therefore, the matter of bail should not be considered. I have considered the submissions made before me. Without expressing any opinion on the merit of the case, while taking into consideration the overall facts and circumstances of the present case, I think it just and proper to enlarge the accused applicant on bail. Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that applicant Mahaveer Prasad s/o Ladu Lal shall be released on bail in FIR No.61/2006 P.S. Asind, District Bhilwara, provided he executes a personal bond in the sum of Rs.30,000/- with two sound and solvent sureties in the sum of Rs.15,000/- 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. (SATYA PRAKASH PATHAK), J. vij