PANWAR, J. - (1.) HEARD learned counsel for the petitioner and Public Prosecutor for the State. Perused the challan papers and various order-sheets of the Trial Court.
(2.) THE first bail application came to be rejected by this Court on 18. 8. 2004. However, the petitioner was granted liberty to file fresh bail application after the statement of prosecutrix is recorded. THE Trial Court was directed to record the statement of the prosecutrix as a first witness. Since August, 2004, on several occasions, the Trial Court issued the summons to the prosecutrix from her appearance. THE whereabouts of the prosecutrix is not known as per the report on the various summons issued to her. It is contended by the learned counsel for the petitioner that Doctor Ved Prakash, who examined the prosecutrix, has been examined by the Trial Court as PW 1. According to the medical evidence, the age of the prosecutrix is 18-20 years. The Doctor further opined the the prosecutrix is habitual to sexual intercourse. Having regard to the facts and circumstances of the case and the fact that the prosecutrix is avoiding to make statement before the Trial Court, which is evident from the report on various summons sent to her, I consider it just and proper to enlarge the accused petition on bail. Accordingly, the bail application filed under Sec. 439 Cr. P. C. is allowed and it directed that petitioner Babulal S/o Bholu Ram be released on bail in FIR No. 24/2004, P. S. Ratangarh provided he furnishes a personal bond in 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 he appearance before the Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. .;