MAGAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the Applicant and the learned Public Prosecutor and perused the Challan papers.

(2.) LEARNED Counsel for the Applicant pointing out the statements of the prosecutrix recorded under Section 161 Code of Criminal Procedure has submitted that the prosecutrix who is 17 years of age, has stated that she was having a love affair with the Petitioner and she went with the Petitioner of her own free will on 13.11.2010 from Banswara and then they went to Mumbai, Bhivandi and Shailar and there the Petitioner worked in a factory. She has also stated that she stayed with the Petitioner on her own free will and that the Petitioner exercised no force on her.

(3.) KEEPING in view the statements of the prosecutrix recorded Under Section 161 Code of Criminal Procedure, and considering the totality of facts and circumstances, the bail application preferred under Section 439 Code of Criminal Procedure deserves acceptance.