SURENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.128/2022 of Police Station Bajju, District Bikaner for the offence punishable under Ss. 376(2)(n), 365, 343 of IPC. He has preferred this bail application under Sec. 439 Cr.P.C.

(2.) Counsel for the petitioner submits that prosecutrix was a major lady and according to the statement of prosecutrix recorded under Sec. 164 Cr.P.C., prosecutrix admitted that she went along with the present petitioner at her own free will. Furthermore, prosecturix stated in her statement that now she want to reside with the present petitioner. 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 facts and circumstances of the case without expressing any opinion on the merit and demerit of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.