MAHESH BHAGWATI, J. - (1.) THIS order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Gajraj Prasad Advocate on behalf of the applicants pertaining to F.I.R. No. 142/2007 of police station Chouth Ka Barwara, District Sawai Madhopur, in the offences under Sections 363, 366, 376 and 120-B of IPC.
(2.) HEARD the learned counsel for the petitioners and learned Public Prosecutor appearing for the State and perused the material on record. Learned counsel for the petitioners has canvassed that the co-accused persons namely Pukhraj S/o. Shyonaath and Pukhraj @ Ganya S/o. Giriraj have already been enlarged on bail by the co-ordinate Benches. The case of the petitioners is similar to those of the co-accused persons, rather on a better footing, hence, he may be granted indulgence of bail. Learned Public Prosecutor appearing for the State has opposed the bail petition. Having reflected over the submissions made at the bar and scanned the relevant material available on record, it is noticed that in the beginning police after completion of investigation filed the charge-sheet against the two accused persons and kept the investigation pending under Section 173(8) of Cr.P.C. against the petitioners Brij Mohan and Manraj. It is revealed from the material available on record, that the prosecutrix voluntarily accompanied the accused Pukhraj and visited so many places. There is no allegation against the petitioner Brijmohan that he ravished the prosecutrix but so far as, the petitioner No.2 Manraj is concerned, he is alleged to have aided the co-accused persons in the commission of the offence of rape. I, without expressing any opinion on the merits of the case but keeping in view the facts and circumstances emerging on record, do feel inclined to grant bail to the accused petitioners. It is, therefore, ordered that the accused petitioners namely Brijmohan S/o. Bhorya; and Manraj S/o. Shyonath Grujar in F.I.R. No. 142/2007 of police station Chouth Ka Barwara, District Sawai Madhopur, shall be released on bail on furnishing a personal bond each in the sum of Rs.20,000/-together with two surety bonds each in the sum of Rs. 10,000/- to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. ;