BHEEMRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present 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.307/2019, Police Station Dhariyawad, District Pratapgarh, for the offences under Sections 366 and 376 of the Indian Penal Code and under Section 67 of IT Act.

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

(3.) Learned counsel for the petitioner stated that first bail application of the petitioner has been rejected vide order dated 05.05.2020 with liberty to file fresh bail application after recording of the statement of prosecutrix as PW-3 and as per that statement, prosecutrix is a 23 years married lady. During crossexamination, prosecutrix has admitted that petitioner often came to her matrimonial home and on that count, her brother-in-law objected. He further stated that F.I.R. has been filed after a delay of fifteen days for which no satisfactory explanation has been given; there was an attempt of settlement at social level and Rs.70,000 were determined during Panchayat but same was not given by the petitioner, therefore, this F.I.R. has been filed. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may also be granted to the petitioner.