SOMVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under Sec. 439 Cr.P.C. is laid by petitioner in connection with an FIR No.228/2021, registered at Police Station Taranagar, District Churu, wherein he is charged for offences punishable under Ss. 366, 376(2)(n), 344 and 323 IPC.

(2.) It is contended on behalf of petitioner that in the proceedings of Missing Person Report statement of prosecutrix were recorded on 5/7/2021, in which she has not levelled any allegations of rape against the petitioner. Then, almost after two weeks later, she filed a criminal complaint against the petitioner alleging that rape was committed with her by the petitioner and the same story has been narrated in her statement recorded under Sec. 164 Cr.P.C. It is further argued that subsequently, the entire story was concocted by the prosecutrix with some ulterior motive. Learned counsel further submits that petitioner is not having any criminal antecedents and after completion of investigation, charge-sheet has been filed.

(3.) Per contra, learned Public Prosecutor has opposed the bail application.