MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No. 39/2022 of Police Station Chhapar, District Churu, for the offence punishable under Ss. 363 and 366-A of IPC. He has preferred this bail application under Sec. 439 Cr.P.C.

(2.) Learned counsel for the petitioner submits that according to the statement of prosecutrix recorded under Sec. 164 Cr.P.C., she clearly mentioned that she went along with the accused-petitioner with her own free will and resided with the petitioner for about one month and she also stated in her statement that the petitioner did not commit rape with her. 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 has opposed the bail application.