HASAN, J. - (1.) CR. Misc. Bail Application No. 98/91 filed by Kailash Chandra & Application No. 274/91 filed by Pannalal, both arise out of one FIR No. 207/90 registered at police station Dablana (District Bundi ). Hence at the joint request of both the parties, these petitions are being disposed of by this common order.
(2.) THE contention on behalf of the petitioners was that at the time of the commission of the alleged rape, as per the prosecution version, the age of the prosecutrix was 12 years whereas the Doctor opined that the girl was above 18 years of age. THE doctor has not given any positive report. Moreover, in the medical report, it has also been stated that the girl was in the habit of sexual intercourse. That apart, it is admitted position that no injury on the body or private part of the prosecutrix, nor any spermatozea has been found in the vaginal swab, as per medical examination of the prosecutrix. Learned Public Prosecutor could not controvert the above facts and circumstances of the case stated by the learned counsel for the petitioners. In the facts and circumstances of the case and on the argument advanced by both the sides, I am inclined to grant bail u/s 439, Cr. P. C. to the petitioners in both the bail applications, while following. It is, therefore, ordered that petitioners, Kailash Chandra and Pannalal be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 10,000/- together with two sureties each in a sum of Rs. 5,000/-to the satisfaction of the trial Court with the stipulation to appear in that Court, as and when called upon to do so during the pendency of the trial against them in this case. .;