ASLAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.95/2022, Police Station Khinwara, District Pali, for the offences punishable under Ss. 376(2)(N), 366, 323, 384 and 120-B of the IPC.

(2.) Learned counsel for the petitioner submits that the prosecutrix remained in the company of the accused-petitioner for more than two months out of her own free will and in the meantime she solemnized marriage with the petitioner. If anything happened, it was with the consent of the prosecutrix. The petitioner is an innocent person and has falsely been implicated in this case. The petitioner is in judicial custody since 5/7/2022 and trial of the case will take sufficiently 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 opposed the bail application.