NISAR MOHD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application under Section 439, CrPC has been filed on behalf of the petitioner against whom investigation is pending in F.I.R. No. 58/2002 of P.S. Siriyari for the offences under Section 363, 366 and 376, IPC wherein the allegation against the petitioner is that he abducted Mst. Raisa Banu who is reported to be of age of more than 17 years but less than 19 years and committed rape with her.

(2.) HAVING heard the learned Counsel for the petitioner and the learned P.P. and upon a perusal of the papers placed before me and considering all the facts and circumstances of the case as also the expert opinion of Radiologist regarding age of prosecutrix, I deem it just and proper to enlarge the petitioner on bail.