JAGMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is the second bail application under Sec. 439 Cr.P.C. The petitioner was arrested in connection with FIR No.118/2021, Police Station Suhagpura, Distt. Pratapgarh for the offence under Ss. 450, 376(1) of IPC.

(2.) The first bail application of the petitioner was dismissed as withdrawn vide order dt. 23/11/2021 with liberty to file fresh bail application after filing of the challan.

(3.) Learned counsel for the petitioner submits that the FIR was lodged after about three months of the incident. No explanation for this delay has been given by the prosecutrix. If anything happened, it was with the consent of the prosecutrix. Now, challan of the case has already been presented. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.