BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.239/2022 registered at Police Station Nasirabad Sadar District Ajmer for the offence(s) under Ss. 366, 344, 328, 376(2)(n) of IPC and under Sec. 11/12 of POCSO Act, 2012.

(2.) Learned counsel for the accused-applicant has submitted that the accused-applicant is falsely implicated in the matter. There was a consensual relationship between the victim and himself. They have stayed together, with consensus, for about 28 days. The same is also reflected in 164 statement of the victim. During the said tenure, they stayed in a rented accommodation. Statement of landlord has also been recorded, which bears testimony to the said fact. Learned counsel has further submitted that they even stayed in a hotel for few days and the victim was accompanying the accused-applicant out of her own will. Learned counsel contends that it was only on account of Missing Persons Report filed by husband of the complainant that the present case has been initiated.

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