RAKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.94/2021, Police Station Rajaldesar, Distt. Churu for the offence under Ss. 363, 376(3) IPC and Sec. 3/4 of POCSO Act.

(2.) Learned counsel for the petitioner submits that according to the statement of the prosecutrix recorded under Sec. 161 as well as 164 Cr.P.C., she has not made any allegation of rape against the present petitioner. Now, challan of the case has already been presented. No investigation is pending against the petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded.

(3.) Therefore, the benefit of bail should be granted to the accused-petitioner.