SURESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 130/2021, Police Station Gogameri, District Hanumangarh, registered for the offences under Ss. 376(2)(N) and 450 of the Indian Penal Code.

(2.) Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant. Perused the material available on record.

(3.) Learned counsel for the petitioner stated that the prosecutrix "S" is a 28 years old widow woman having two children; that admittedly, as per prosecution itself, consensual relations were established between the accused-petitioner and the prosecutrix on the assurance of marriage; that when the accused-petitioner denies to marry the prosecutrix, the present FIR has been lodged for the offence punishable under Sec. 376 IPC; that the accused-petitioner has wrongly been implicated in this case; and that trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.