10/11/2011 Shri Rishikesh Bohare and Shri Anshu Gupta, Advocates for the applicant. Ku. Nutan Saxena, Public Prosecutor for the respondent/ State. Considering the reasons assigned in the application, I.A. No.11854/2011, an application for urgent hearing is allowed. Matter is taken up today for hearing. Perused the case diary as well as the documents available on record. Also heard on this first application under Section 439 of Cr.P.C. filed on behalf of applicant for grant of bail, who has been arrested in connection with Crime No.366/2011 registered at police station Chachoda, District Guna for the offences punishable under Sections 363, 366/34 and 376 of IPC. As per prosecution case, applicant and co-accused induced the prosecutrix to go with them and thereafter applicant committed rape with her. It is contended by learned counsel for the applicant that age point of the prosecutrix is debatable. It is further submitted that applicant has been falsely implicated in the case. Moreover, prosecutrix, her father Bharat Singh and mother Bhamribai have sworn affidavits in favour of applicant, which is mentioned in the impugned order dated 13/10/2011 passed by learned Additional Sessions Judge, Chachoda. Applicant is in custody since date of his arrest i. e. 23/09/2011 and disposal of the case will take time. On these grounds, prayed for grant of bail. Copies of affidavits sworn by prosecutrix and her father Bharat Singh, have been filed in support of the contention. Learned Public Prosecutor for the respondent/ State formally opposed the application and prayed for its rejection. Considering the facts and circumstances of the case, but without expressing any opinion on the merit of the case, application is allowed and it is directed that applicant be released on bail, on his furnishing a personal bond in the sum of Rs.40,000/-(Rupees Forty Thousand only) with one solvent surety in the like amount to the satisfaction of trial Court, for his regular appearance before the trial Court concerned during pendency of the case and he shall also comply with the conditions as enumerated under Section 437(3) of Cr. P. C. A copy of this order be sent to the Court concerned for necessary compliance. Certified copy as per rules. (Indrani Datta) mkb* Judge