JUDGMENT 1. - The petitioner - Moda Ram (60) has filed this application Under section 439, Criminal Procedure Code whose bail application was dismissed by the learned Special Judge, SC/ST Cases, Pali by order dated 2.11.1995. 2. The case was registered under the First Information Report No. 40/95, Police Station - Guda Endla, for various offences including offence Under Section 376(2)(g) and Sections 3(1)(10), 3(1)(11), 3(1)(12) and 3(2)(5) against several accused including the petitioner. 3. After investigation, a challan has been filed and learned Special Judge, SC/ST Cases has framed charges Under Sections 376(2)(g), 366, 363, 323, 326, 452, 147 and 148 Criminal Procedure Code. The allegation is that the petitioner along with other accused committed repeated rape on Mst. Morki and her daughter Mst. Mohini. 4. I have heard the learned counsel for the petitioner as well as learned Public Prosecutor. 5. Learned counsel for the petitioner has submitted that there is no allegation of rape being committed by the petitioner Mst. Morki or Mst. Mohini. According to the prosecution only allegation against the petitioner is that he accompanied other persons led by Jabar Singh. Both the ladies have given statement that it was Jabar Singh who committed rape on both the ladies. It was also submitted that the petitioner is aged 60 years. 6. Learned Public Prosecutor has submitted that the first bail application of the petitioner was dismissed on 6.10.1995 and the application of other co-accused Bhanwar Singh was also dismissed by another Single Bench of this Court, as not pressed after hearing detailed arguments. 7. I have seen copies of the charge-sheet produced along with the petition and particularly the statements of Mst. Morki and Mst. Mohini. They have alleged that only Jabar Singh committed rape on them on many occasions. The allegation against the petitioner is that he accompanied the main accused Jabar Singh but there is no allegation against the petitioner for having committed rape by either of the ladies. 8. The first bail application of the petitioner was not decided on merits but it was withdrawn by learned counsel for the petitioner. The application of Bhanwar Singh was dismissed but a look at the charges framed against him shows that he was also charged under sections 3(1)(10), 3(1)(11), 3(1)(12) and 3(2)(5) of the SC/ST (Prevention of Atrocities) Act, 1989. 9. The first bail application of the petitioner was not decided on merits but it was withdrawn by learned counsel for the petitioner. The application of Bhanwar Singh was dismissed but a look at the charges framed against him shows that he was also charged under sections 3(1)(10), 3(1)(11), 3(1)(12) and 3(2)(5) of the SC/ST (Prevention of Atrocities) Act, 1989. 9. Looking to the circumstances of the case, I am inclined to accept this bail application moved by the petitioner. It is, therefore, ordered that the petitioner Moda Ram son of Bhera Ram Meghwal, resident of vill. Gura Pratapsingh, District Pali, presently lodged in District Jail, Pali in connection with FIR No. 40/95, Police Station Guda Endla be enlarged on bail, provided he furnishes a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of Rs. 5,000/- each, to the satisfaction of learned Special Judge, SC/ST Cases, Pali, for his appearance in Court on each and every date of hearing and as and when called upon to do, during the pendencyBail Allowed. *******