JUDGMENT 1. - Heard the learned counsel for the petitioner as well as the learned P.P. and the learned counsel for the complainant and considered the order dated 17.1.1997 passed by the learned Addl. Sessions Judge, Bali by which bail application of the petitioner was rejected. 2. The learned counsel for the petitioner has contended that prosecutrixes Mst. Pavani and Mst. Madiya were examined under section 161, Cr.P.C. during the course of investigation at the first instance and, neither of them alleged that the present petitioner also committed rape on either of them. However, subsequently, in their statements purporting to have been recorded under section 164, Cr.P.C. on 29.4.1995, each of them alleged that the present petitioner was also among the accused-persons who committed rape on them. He further contended that the accused-petitioner is in custody and except Heera Ram and Pakka Ram, rest of the accused-persons are on bail and, therefore, the present petitioner has also a rightful claim for being released on bail since he is continuing in custody right from 22.5.1995. 3. The learned P.P. as well as the learned counsel for the complainant attempted to counter these contentions mainly on the ground that, both the prosecutrixes in their statements dated 29.4.1995, just after a passage of four days time, implicated the accused-petitioner as well along with two accused-persons who are under custody for commission of rape on them and, therefore, presently, the accused-petitioner also does not deserve to be bailed out. 4. After consideration of the aforesaid facts and circumstances, presently, it is just I and proper that the accused-petitioner be released on bail. 5. Accordingly, this bail petition is accepted and it is ordered that in case petitioner furnishes bail bonds in the sums of Rs. 20,000/- each to the satisfaction of the learned trial judge, he shall be released on bail. 6. The learned trial judge is further directed to expedite the trial of the case since the two of the accused-persons are already in custody since long.Bail application allowed. *******