Sandeep Mehta, J. - (1.) HEARD learned Counsel for the Applicant and the learned Public Prosecutor and perused the statements of the prosecutrix recorded at the trial.
(2.) LEARNED Counsel for the Applicant submits that the prosecutrix has made identical allegations against the accused, persons namely, Jabbar Singh, Kailash and the Petitioner. He further submits that co -accused persons Jabbar Singh and Kailash have been released on bail by this Court in bail application No. 3572/2011 Jabbar Singh v. State decided on 27.05.2011) and bail application No. 2930/2011 Kailash v. State decided on 05.05.2011). The case of the Petitioner is not distinguishable from that of the accused, Jabbar Singh and Kailash, who have already been released on bail. Learned Public Prosecutor opposed the bail application.
(3.) HAVING considered the totality of facts and circumstances, the bail application preferred under Section 439 Code of Criminal Procedure deserves acceptance.;