KAMLESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No. 121/2022 of Police Station Sindhari, District Barmer for the offence punishable under Sec. 363, 366, 376(2)(n), 506 of IPC and Sec. 5L/6 of Protection of Children From Sexual Offences Act, 2012. He has preferred this bail application under Sec. 439 Cr.P.C.

(2.) Learned counsel for the petitioner submits that FIR has been lodged in this case after a considerable delay and this delay has not at all been explained by the prosecutrix. Counsel further sumits that prosecutrix went along with the petitioner at her own free will and during this period she did not raise any hue and cry. Challan of the case has already been presented and no investigation is pending. 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.