1. - These two bail applications under Section 439 Cr.RC, have been filed on behalf of petitioners namely Moti Lal & Khargosh @ Jagannath against whom investigation is pending for the offences under Sections 376, 323/34 IPC and Section 3(iii) & (xii) SC/ST (RA.) Act in FIR No. 277/02 at Police Station Gowardhan Vilas, Udaipur.

2. Learned counsel for the petitioners has contended that this false case has been foisted against the petitioners due to the case lodged by the accused persons against the complainant. The story as put forth is highly improbable and unbelievable in vie of the contradictions and discrepancies that have appeared in the statements of the witnesses. The medical report of Smt. Pushpa shows that no injury has been report of Smt. Pushpa shows that no injury has been found on her person and in the alleged manner of gang rape she must have received some injuries or the other on her person or private parts. The Doctor has not been able to give any definite opinion about rape. According to him, the story is totally cooked up in order to humiliate, harass and expose the petitioners to social redicule.

3. Learned Public Prosecutor on behalf of the State has opposed the bail application and has submitted that in a case of such a nature where the prosecutrix has been lifted away in a dare devil manner in the presence of her husband and subjected to gang rape, the petitioners should not be released on bail.

4. Having considered the submissions made at the bar and upon a perusal of the case diary and having regard to the submissions made by the learned counsel for the petitioners and the materials on record and without making any observation on the merits of the case at this stage and looking to the fact that co-accused person namely; Yashwant has already been released on bail by this Court vide order dated 27.8.2002, it appears to be a fit case for grant of bail to the petitioners.

5. In the result, this bail application is allowed and it is directed that petitioners namely; Moti Lal & Khargosh @ Jagannath shall be released on bail on their furnishing a personal bond each in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the concerned Court for their appearance before that court on each and every date of hearing during investigation, inquiry and trial.Bail application allowed.

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