JUDGMENT 1. - This bail application under section 438 Criminal Penal Code has been filed on behalf of petitioner - Sukh Ram who apprehends his arrest in case FIR No. 86/2002 Police Station Padu Kala Tehsil Merta (Nagaur) for the offences under section 376 Indian Penal Code and Secs. 3(1)(XI) & (XII) of SC/ST (Prevention of Atrocities) Act. According to the prosecution story one Sukh Ram along with others abducted prosecutrix Mst. Gulabi and thereafter they all committed rape with her. 2. Having heard learned counsel for the petitioner and the learned Public Prosecutor on behalf of the State as well as the learned counsel for the complainant and upon a perusal of the case diary as well as the order dated 29.7.2002 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Merta rejecting the similar bail application of the petitioner and keeping in view the fact that the prosecutrix has now submitted an affidavit denying that petitioner-Sukh Ram son of Shri Ramji Ram committed rape with her and also, to the fact that the parties have come to terms, I deem it just and proper for grant him anticipatory bail. 3. In the result, the bail application is allowed and it is directed that petitioner-Sukh Ram shall be released by the concerned SHO/IO on bail in the event of his arrest on his furnishing a personal bond in the sum of Rs. 20,000/- with a surety in the like amount to the satisfaction of the SHO/Investigating Officer with the following conditions:- 1. that the petitioner shall make himself available for interrogation by a police officer as and when required. 2. that the petitioner 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 to any police officer. 3. that the petitioner shall not leave India without the prior permission of the Court. Anticipatory bail application allowed. *******