PANKAJ SINGH 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. 340/2020 registered at Police Station Chidawa, District Jhunjhunu for the offence under Section 376 of IPC.

(2.) It is contended by learned counsel for the petitioner that he has solemnized marriage with Pooja, elder sister of the prosecutrix on 1.10.2020, which has also been registered with the Marriage Registration Officer, Gaziabad, U.P. He submitted that the complainant has also lodged an FIR bearing No. 366/2020 dated 16.9.2020 at Police Station Chidawa, Jhunjhnu, against him wherein, Pooja has in her statement dated 31.10.2020 recorded under Section 164 CrPC, categorically stated that on account of marriage of the petitioner with her, he has falsely been implicated in this FIR bearing No. 340/2020. He submitted that the petitioner is in custody since 27.10.2020, investigation as against him is complete, he has no criminal antecedents and prayed for his release on bail.

(3.) Learned Public Prosecutor has opposed the bail application.