SADIQ MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) LEARNED Counsel for the Petitioner place reliance on the statements of the prosecutrix recorded under Section 164 Code of Criminal Procedure submitted that allegations of rape has been levelled by the prosecutrix against the co -accused, namely, Raju; and the Petitioner is simply said to have accompanied them at the initial stage. He further submitted that there is no allegation of committing rape against the Petitioner.

(3.) KEEPING in view the fact that there is no allegation of rape against the Petitioner in the statements of the prosecutrix under Section 164 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.