NADIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No. 150/2022 of Police Station Sagwada, District Dungarpur for the offence punishable under Ss. 363,366, 342, 376(3) of IPC and Sec. 3/4 of POCSO Act. He has preferred this second bail application under Sec. 439 Cr.P.C.

(2.) The first bail application was dismissed by this Court vide order dtd. 13/7/2022 as not pressed at that stage.

(3.) Learned counsel for the petitioner submits that as per the statement of prosecutrix recorded under Sec. 164 Cr.P.C., prosecturix admitted that she went along with the petitioner with her own free will and roamed with him at so many places. During this period she did not raise any hue and cry; 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 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.