BANTY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.48/2020 registered at Police Station Mahila Thana District Baran for the offence(s) under Section(s) 354, 323, 506, 509 of IPC and Section(s) 3/4 of POCSO Act and later on for offences under Sections 354 , 354-A , 354-D , 506 , 509 of IPC and Section(s) 7/8 of POCSO Act.

(2.) Heard learned counsel for the petitioner through 'Jitsi Meet'.

(3.) It is contended by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He submits that about four years ago also the complainant had lodged an FIR against the petitioner wherein she admitted that she had gone with petitioner and solemnized marriage with him albeit under pressure. He submits that there is great variance in the allegation against the petitioner in the FIR, the statements of the complainant as well as prosecutrix recorded under Section 161 CrPC qua the statement under Section 164 of CrPC on material aspects. He submits that the petitioner is in custody since 07.05.2020, charge-sheet has been filed, trial of the case will take time and prays for his release on bail.