BALRAM 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.81/2021, Police Station Sadar, Nimbahera, District Chittorgarh, for the offences under Ss. 363, 366, 376(N) IPC, Sec. 5(L)/6 of the POCSO Act.

(2.) Learned counsel for the petitioner submits that the prosecutrix in her statement recorded under Sec. 161 & 164 Cr.P.C. has deposed that she roamed with the petitioner at many places such as Jawra, Ratlam etc. The prosecutrix further stated that she also resided with the petitioner at Surat in a rented room for about eight months at her own free will and during which period she did not raise any hue or cry. If anything happened, it was with the consent of prosecutrix. Challan of the case has already been presented. 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 and learned counsel for the complainant have vehemently opposed the bail application.