SHER SINGH 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.51/2021, Police Station Bhadesar, District Chittorgarh, for the offences punishable under Ss. 363, 366, 376(2)(n), 376(3) IPC and Ss. 3/4, 5(L)/6 POCSO Act.

(2.) Learned counsel for the petitioner submits that according to the statement of the prosecutrix under Sec. 161 & 164 Cr.P.C., she herself admitted that she roamed with the petitioner at many places and also solemnized marriage with the petitioner. Prosecutrix further submitted that she got pregnant out of her wedlock with the petitioner. If anything happened, it was with the consent of the prosecutrix. Challan of the case has already been presented and no investigation is pending. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

(3.) Learned Public Prosecutor has opposed the bail application.