OM PRAKASH Vs. STATE

JUDGEMENT

(1.) The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.110/2020, Police Station Bali, District Pali, registered for the offences under Sections 376(2)(N), 384 & 506 of IPC.

(2.) Heard learned counsel for the petitioner through video conferencing and learned Public Prosecutor, present in person. Perused the material available on record.

(3.) Learned counsel for the petitioner stated that petitioner and prosecutrix 'S' are close relatives; petitioner has been falsely implicated in this case; as per the statements of prosecutrix, date of first instance is 08.12.2017 and FIR in question has been filed after a long delay i.e. on 06.01.2020; it is an admitted position that the prosecutrix has stayed with petitioner at various hotels & places and if the statement is taken to be true then, it is a case of consent, therefore, benefit of bail may be granted to the petitioner.