BIRBAL SHARMA 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.299/2021, Police Station Karghani, Jaipur Metropolitan, Jaipur (Raj.), registered for the offence under Section 376 IPC.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor, present-in-person as well as learned counsel appearing on behalf of the complainant through video conferencing. Perused the material available on record.

(3.) Learned counsel appearing for the petitioner stated that FIR was filed after a delay of 3½ years; as per the FIR, incident took place in the month of October, 2017; prosecutrix 'A' is 23 years old lady; there is no satisfactory explanation for delay in filing the FIR; as per prosecution, before incident, prosecutrix got three times pregnant by her husband; accused-petitioner is behind the bars since 25.04.2021; charge-sheet has been filed; trial of the case will take long time. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the accused-petitioner.