SOMESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No. 84/2022 of Police Station Kotwali Dungarpur, District Dungarpur, for the offence punishable under Ss. 363, 366 & 376(3) of IPC and Sec. 3/4 of POCSO Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(2.) Learned counsel for the petitioner submits that according to the statement of prosecutrix, she clearly mentioned that she went along with the petitioner with her own free will and if anything happened, it was with the consent of the prosecutrix. Challan of the case has already been presented. The accused-petitioner is behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

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