IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7292/2010 Ganga Sahai Vs. State of Rajasthan Date of order : 6.8.2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Abdul Hameed Khan for the accused petitioner Mr. G.S.Rathore,Public Prosecutor for the State Mr. Raj Kumar Gaur for the complainant ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioner is that the prosecutrix in her statement recorded before the Court during trial of the case has not supported the prosecution case and has turned hostile and on that consideration, the trial court has acquitted co-accused Mitha Lal. Challan against the present petitioner was filed u/s 299 Cr.P.C. and subsequently, the petitioner was arrested on 23.4.2010. In this back-ground learned counsel submitted that the petitioner deserves to be extended the benefit of Sec. 439 Cr.P.C. On the other hand, learned Public Prosecutor has opposed the bail application. Counsel for the complainant has also opposed the bail application but could not dispute the statement of the prosecutrix recorded during trial. However, he submitted that the aforesaid statement was given by the prosecutrix due to some threat, but on being confronted by the Court, he could not point out whether any FIR was lodged or any such application was made by the prosecutrix before the Court. In these circumstances, the version of the prosecutrix cannot be disbelieved and the present petitioner cannot be denied the benefit of bail, particularly when co-accused, on the basis of such statement of the prosecutrix, has already been acquitted by the trial court Considering the rival submissions and 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 just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Ganga Sahay S/O Shri Shanker Lal shall be released on bail in F.I.R. No. 162/2009 of P.S. Manoharpur, district Jaipur on 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. Thanvi