GANESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application under Sec. 439 Cr.P.C. preferred on behalf of petitioner, who has been arrested in FIR No.267/2021 of Police Station Rupangarh, District Ajmer for the offences punishable under Ss. 376, 376 (2) (n), 384 and 323 of IPC.

(2.) Learned counsel for the petitioner submits that the instant FIR is counter blast to the FIR lodged by the father of the petitioner. Learned counsel for the petitioner further submits that the age of the prosecutrix is 26 years and as per the statement recorded under Sec. 164 Cr.P.C., the prosecutrix has alleged that the incident of rape was committed with her by the petitioner on several occasions and even 2-3 months before lodging of the FIR. Learned counsel further submits that there is inordinate delay of more than 3 months in lodging the FIR for which no reasonable explanation has been given. Learned counsel further submits that the allegations of rape are not corroborated with the medical evidence and petitioner is in custody since 5/12/2021 and after investigation, charge-sheet has already been submitted. So, indulgence of bail be granted to petitioner.

(3.) Per contra, learned Public Prosecutor opposes the bail application.