PITHA RAM Vs. STATE

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No. 99/2021 of Police Station Bijrad, District Barmer, for the offence punishable under Ss. 365, 384 and 376(2)N of IPC. He has preferred this bail application under Sec. 439 Cr.P.C.

(2.) Learned counsel for the petitioner submits that the prosecutrix was a major girl and she admits in her statement that she was talking with the petitioner on phone from last six months. Counsel further submits that the prosecutrix also mentioned in her statement that the petitioner called her in the night about 10 p.m. and when she went in a street then the accused-petitioner took her outside the village and committed rape with her and during this period she did not raised any hue and cry and if anything happened, then it was with the consent of the prosecutrix. Challan of the case has already been presented. The accused-petitioner is in judicial custody 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 opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.