JUDGMENT 1. - The statements of Mst. Krishna recorded under Section 164, Cr.P.C. on 20.2.1993 immediately after her recovery from the accused-persons were read over. I find that there are specific allegations against the accused-petitioners No. 1, Kailash, No. 4, Ashok and No. 6, Amar Singh. Without expressing any opinion on the merits of the case, in the facts and circumstances of the case, I am not inclined to accept this bail application under Section 438, Criminal Procedure Code on behalf of the accused-petitioners No. 1, 4 and 6, namely : Kailash son of Kalyan Prasad Sharma, Ashok son of Kanbaya and Amar Singh s/o Prasadi and this bail application under Section 438, Criminal Procedure Code in respect of these three accused-petitioners is hereby rejected. 2. Regarding, the accused-petitioners No. 2 and 3, Shivdayal and Hari Prasad, Shri S.R. Yadav, Additional Public Prosecutor submits that a complaint under Section 107, 116(3), Criminal Procedure Code was filed by the concerned SHO on 13.3.93 on the basis of the application dated 11.3.93 which had been filed by Sushila Devi, that is, the mother of Mst. Krishna, before the SHO, Gangapur City. Shri Naqvi submits that it was in proximity of the dates when the bail applications were being heard by the Sessions Court and the IIIrd bail application before the Session Court was the application dated 11.3.93 by Amar Singh and on the same date that is 11.3.93, Sushila Devi filed this complaint before the police. So far as Vishambhar is concerned there are no specific allegations against him in the statements of Mst. Krishna recorded under Section 164, Criminal Procedure Code. 3. Without expressing any opinion on the merits of the case, in the facts and circumstances of this case, I am inclined to accept this bail application under Section 438, Criminal Procedure Code on behalf of the accused-petitioners No. 2, 3 and 5, namely : Shivdayal, Hari Prasad and Visambhar. 4. Krishna recorded under Section 164, Criminal Procedure Code. 3. Without expressing any opinion on the merits of the case, in the facts and circumstances of this case, I am inclined to accept this bail application under Section 438, Criminal Procedure Code on behalf of the accused-petitioners No. 2, 3 and 5, namely : Shivdayal, Hari Prasad and Visambhar. 4. In the facts and circumstances of the case, it is, ordered that the petitioners Shivdayal son of Chouthilal, resident of Kaimli (Nadoti), Hari Prasad son of Murari by caste Brahman, resident of Kasara, P.S. Masalpur and Vishambhar son of Durga by caste Brahman, resident of Kheep Ka Pura P.S. Suroth district Sawaimadhopur if sought to be arrested by the SHO/Arresting Officer, Investigating Officer, Police Station Gangapur City, District Sawaimadhopur in connection with FIR No. 431/92 subject to their furnishing a personal bond in the sum of Rs.10,000/- (Rs. Ten Thousand) with two sureties of Rs.5,000/- (Rs. Five Thousand) each to the satisfaction of the SHO of the said police station, be released on bail, on the following conditions: 1. that the petitioners shall make themselves available for interrogation by a police officer as and when required; 2. that the petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court, or any police officer; and 3. that the petitioners shall not leave India without the previous permission of the Court. *******