1 S.B.CRIMINAL MISC.2ND BAIL APPLICATION No.3564/2008 (Falak Sher Vs. State of Raj.) Date of order : : 26.08.2008 HON'BLE MR.H.R.PANWAR,J. Mr.B.S.Rathore, for the petitioner. Mr.Ashok Upadhyay, P.P. for the State. This is second bail application. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned, challan papers as also the statement of the prosecutrix PW-2. While dismissing the earlier bail application as not pressed by order dated 4th of April, 2008, the petitioner was granted liberty to file a fresh bail application after recording of the statement of prosecutrix. Learned counsel for the petitioner submits that prosecutrix has been examined in the trial court as PW-2. It is submitted by learned counsel that in her statement, the prosecutrix stated that on the date of occurrence, she arranged the cloths etc and wanted to ran away and thereafter, she took her belonings and went with the petitioner. It is stated that the petitioner Falak Sher was going ahead and she was walking behind him. According to learned counsel, it was the prosecutrix who at her own left her house and went with the petitioner. Having regard to the facts and circumstances of the case and keeping in view the statement of prosecutrix, without commenting on the merits of the case, I deem it just and proper 2 to enlarge the accused petitioner on bail. Accordingly, this second bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Falak Sher S/o Sadak Khan be released on bail in FIR No.221/2003, P.S. Suratgarh, District Sri Ganganagar 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. NK