(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.266/2021 of Police Station Kudi Bhagtasani, Jodhpur for the offence punishable under Ss. 376, 376(2)(n), 406, 323, 341, 384 of IPC and Ss. 3/4, 5/6 of POCSO Act.
(2.) Learned counsel for the petitioner submits that victim has been examined before the trial Court as PW-1 and according to her statement, no allegation of committing rape has been levelled against the present petitioner. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
(3.) Learned Public Prosecutor has opposed the prayer for bail.