JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Prayer in this petition is for grant of regular bail to petitioner Virender who has been booked for having committed the offences punishable under Sections 376 and 506, IPC, and Section 65 of the Information Technology Act, 2000, in a case arising out of FIR No.135, dated 04.08.2013, registered at Police Station, Behal, District Bhiwani. 2. Learned counsel contends that according to prosecution version, the petitioner had not committed rape on the prosecutrix; that the learned trial court has wrongly dismissed the bail application of the petitioner treating that the petitioner was the main accused who committed rape on the prosecutrix; that the petitioner is behind the bars from 09.09.2013; that the petitioner is neither required nor involved in any other case; that the coaccused of the petitioner, namely, Upender, has already been granted the concession of bail by this Court vide order dated 06.02.2014. 3. Learned counsel for the State, on instructions from ASI Rajvir Singh, Police Station, Behal, District Bhiwani, very fairly concedes that the petitioner had not committed rape on the prosecutrix though the allegations against him are serious. However, he concedes that the petitioner is neither required nor involved in any other case and he is behind the bars from 09.09.2013. 4. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. 5. Learned Additional Sessions Judge, Bhiwani, has misled itself while holding that the petitioner had committed rape on the prosecutrix. The allegations of rape were levelled against Joginder son of Dalip Singh. The petitioner is behind the bars from 09.09.2013. He is neither required nor involved in any other case. The investigation is complete and the charge-sheet (report under Section 173, Cr.P.C.) has already been presented, therefore, further incarceration of the petitioner is not worth. 6. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. Petitioner-Virender, s/o Zile Singh, r/o village Bushan, Teshil Tosham, District Bhiwani, is ordered to be released on bail, during the pendency of the trial of the present case, subject to his furnishing of bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Bhiwani. ---------0.B.S.0------------