1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.II BAIL APPLI NO.10936/2010 Mahendra Vs. State Date of order : 26/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri N.S. Shekhawat for the petitioner. Shri Mahendra Meena, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of learned counsel for the petitioner is that the first bail application of the petitioner was rejected by this Court on 6.7.2010 with liberty to again apply for second time after the statement of prosecutrix is recorded. In the present case, not only the statement of prosecutirx, but other four witnesses have also been recorded and all of them have turned hostile including the prosecutrix and thus the prosecution is found to be failed. The petitioner is in jail for last seven months. He may therefore be enlarged on bail. Learned Public Prosecutor has although opposed the bail application, but could not dispute the fact that prosecutrix and other four witnesses have turned hostile. 2 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 appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Mahendar S/o Lallu shall be released on bail in F.I.R. No.550/09, P.S. Mahuwa, Distt. Dausa to his furnishing 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 his 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/-