ABHISHEK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this bail application under Section 439 of Cr.P.C.

(2.) F.I.R. No. 530/2019 was registered at Police Station Karni Vihar Jaipur (West) for offence under Section 363 of I.P.C.

(3.) It is contended by counsel for the petitioner that initially a missing person report was filed in 2016 by father of the complainant. In that FIR also petitioner was made an accused and police after investigation submitted negative final report. Now after three years, another complaint has been filed by mother of prosecutrix alleging offence of kidnapping against petitioner. It is contended that prosecutrix in her statement recorded under Section 161 Cr.P.C. has not levelled any allegation with regard to rape. In her statement recorded under Section 164 Cr.P.C., she has stated that she was taken on 29th July, 2019 and 30th July, 2019 whereas, she was recovered on 24th July, 2019 itself.