BANWARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.184/2021, Police Station Padampur, District Sriganganagar for the offences under Sec. 450 and 376 IPC.

(2.) Heard. Perused the material available on record.

(3.) Mr. Sunil Kumar, son of the petitioner submits that after the rejection of the first bail application of his father, the statement of the prosecutrix Mst. "V" has been recorded before the trial court as P.W.1. He submits that there is no allegation of rape in the statement of the prosecutrix recorded under Sec. 161 and 164 Cr.P.C. He further submits that there is no medical evidence to corroborate the factum of rape having been committed on the prosecutrix. He also submits that his father has been falsely implicated in the present case. His father has suffered incarceration for more than one year, therefore, he prays that his father may be enlarged on bail.