ASHOK Vs. STATE OF RAJASTHAN THRO PUBLIC PROSECUTOR

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record of the case.

(2.) Learned counsel for the petitioner submits that first bail application was dismissed when investigation was in progress. The second bail application has been filed on filing of the challan. It is submitted that complaint for commission of offence under section 376 Penal Code was made almost after more than ten months from the initial date of alleged commission of offence. The way occurrence is said to have been given cause shows that no case for the offence under section 376 Penal Code is made out. Hence, the petitioner may be enlarged on bail as otherwise also he would be facing the trial. It is further submitted that the prosecutrix is getting married thus it would be in the fitness of case that petitioner may be granted bail.

(3.) On the other hand, learned Public Prosecutor has opposed the bail application.