JUDGMENT 1. - This is second bail application of the petitioners. The first bail application was rejected by this Court on 10.5.91 giving liberty to the petitioners to file fresh application after challan is filed. Now this application has been filed after challan is filed. 2. The main contention of the learned counsel for the petitioners is that the prosecutrix, Smt. Sukhi Devi herself has given an affidavit before the Sessions Court denying the fact of having committed rape on her by the petitioners. He has drawn my attention to the various proceedings which took place before the learned Sessions Judge. He further drew my attention about the note made by the learned Sessions Judge on 25.6.91 showing that Smt Sukhi Devi, prosecutrix had not given the affidavit under any pressure as such there is no necessity to send her to Nari Niketan. Learned counsel also drew my attention to medical report and argues that no injury was found on her private part. 3. Learned counsel for the petition further submits that the petitioners are in jail for the last about four months. 4. Learned Public Prosecutor opposes this application on the ground that it is the second bail application and the earlier one was rejected by this Court on merits. 5. It is true that the earlier bail application was rejected by this Court but in the said order liberty was given to the petitioner to file a fresh application after challan is filed and this permission must be having some significance at that time also. 6. From the proceedings recorded by the learned Sessions Judge which have been read over before me, and the affidavit filed by Smt. Sukhi Devi it appears that she does not want to support the charge of rape against the petitioner. 7. Taking into consideration the above facts and circumstances of the case I think it just and proper to released the petitioner on bail under section 439, Cr.P.C. 8. It is, therefore, ordered that accused petitioners, namely, Vijay Singh Mahendra, Iqbal, Kedar, Sitaram, Kaluram and Vijay Singh be released on bail provided each of them furnishes a personal bond of the sum of Rs. 10,000/- (Rupees ten thousand) with two sureties in the amount of Rs. It is, therefore, ordered that accused petitioners, namely, Vijay Singh Mahendra, Iqbal, Kedar, Sitaram, Kaluram and Vijay Singh be released on bail provided each of them furnishes a personal bond of the sum of Rs. 10,000/- (Rupees ten thousand) with two sureties in the amount of Rs. 5000/- each to the satisfaction of the trial court with the stipulation to appear in the court or any other court as and when called upon to do so during the pendency of the trial against them in this case.Bail granted. *******