ALISHER KHAN Vs. STATE

JUDGEMENT

(1.) This bail application under Sec. 439 Cr.P.C. is laid by petitioner in connection with FIR No.112/2021, registered at Police Station Jaswantgarh, District Nagaur wherein he is charged for offences punishable under Ss. 450 & 376(2)(n) IPC.

(2.) Learned counsel for the petitioner submits that age of prosecutrix is 21 years and as per the statements of the prosecutrix recorded under Sec. 164 Cr.P.C. date of the alleged incident is 12/4/2021. Thereafter, the prosecutrix kept mum for a long time and then she further alleged that again the same incident was repeated with her on 2/8/2021 and FIR had been lodged after ten days, i.e., on 12/8/2021. Learned counsel for the petitioner argues that it may be a case of consent of false implication. He further submits that after completion of investigation, charge-sheet has been filed and trial will take time. Lastly, learned counsel for the petitioner submits that the petitioner is not having any criminal antecedents so indulgence of bail may be given to him.

(3.) Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application.