Granting bail based on the facts and circumstances without commenting on the merit of the case to avoid prejudice.

( 1 ) HEARD learned counsel for the petitioner and the Public prosecutor for the State. This is third bail application. While rejecting the earlier bail application, the petitioner was granted liberty to file a fresh bail application after the statement of prosecutrix is recorded by the trial court.

( 2 ) LEARNED counsel for the petitioner has placed on record the statement of prosecutrix PW-2. I have carefully gone through the statement of prosecutrix PW-2 as also the documents Ex. D-1 to D-11, letters said to have been written by the prosecutrix. The prosecutrix, in her statement, admitted that the letters bear her handwriting. Be that as it may, without commenting on the merit of the case which may prejudice the case of either party at the trial, looking to the facts and circumstances of the case and having considered the oral arguments advanced by the counsel for parties, I think it just and proper to enlarge the accused petitioner on bail.

( 3 ) ACCORDINGLY, this third bail application filed under Sec. 439 cr. P. C. is allowed and it is directed that petitioner Indraj S/o Mani Ram be released on bail in FIR No. 184/05 P. S. Sangeria, district hanumangarh, provided he executes a personal bond for 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 his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.