JUDGMENT 1. - Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the challan papers. 2. Learned counsel for the petitioner submits that as per school record, the prosecutrix was above 17 years when the incident took place. He further submits that in the statement of the prosecutrix recorded under Section 161 Cr.P.C. on 13.08.2011, she has denied allegation of sexual intercourse. He further submits that as per medical examination of the prosecutrix, her hymen has been found to be intact and no marks of sexual intercourse have been found to be existing on her person. 3. Per contra, learned Public Prosecutor has opposed the bail application. 4. Having regard to the facts and circumstances of the case, particularly looking to the fact that the allegation of rape as made by the prosecutrix in her statement under Section 164 Cr.RC. is not supported by the medical evidence and looking to the fact that in the statement under Section 161 Cr.RC., the prosecutrix has denied the allegation of rape, I deem it just and proper to enlarge the petitioner on bail. 5. Consequently, the bail application is allowed. It is ordered that the accused-petitioner, namely - Bhagirath Prasad S/o Radheyshyam in CR No. 134/2011, registered at Police Station Shiv, Distt. Barmer shall be released on bail, provided he furnishes a personal bond of Rs. 30,000/- and two surety bonds of Rs. 15,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till the completion of the trial.Bail application allowed. *******