1 S.B.Cr.Misc. II Bail App. No. 3797/2007 (Munna Ram @ Mahendra Vs. State of Rajasthan) Date of order : 23/10/2007 HON'BLE MR.H.R.PANWAR, J. Mr. M.K.Garg for the petitioner. Mr. Ashok Upadhyay, Public Prosecutor. Mr. Vishal Sharma for the complainant. This is second bail application. Heard learned counsel for the petitioner and the Public Prosecutor for the State as also counsel appearing for the complainant. While dismissing the earlier bail application by a Co-ordinate Bench of this Court vide order dated 8.3.2007, the petitioner was granted liberty to move a fresh bail application after the statement of the prosecutrix. The trial court has now recorded the statement of the prosecutrix as PW-1. I have carefully gone through the statement of the prosecutrix. It is contended by learned counsel for the petitioner that in her previous statement Ex.D-1, the prosecutrix categorically stated that she went at her own with the petitioner as she fell in love with the petitioner and they were in love for last long period and ultimately decided to marry each other. It also appears from the statement of the prosecutrix that she went early in the morning stating that she is going for latrine, whereas she admitted that there are latrine and bathrooms in the house itself. While the other family members were sleeping she went all alone in the night and thereafter it is alleged that 2 in a jeep she was taken away by the petitioner and 4-5 other persons. Be that as it may, keeping in view the totality of facts and circumstances of the case and statement of the prosecutirx as also her previous statement Ex.D-1 and the medical evidence, without commenting on the merit of the case, 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 Munna Ram @ Mahendra S/o Mangla Ram be released on bail in FIR No. 177/2006 P.S. PaduKala, district Nagaur, 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