MAHENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.104/2022 registered at Police Station Gachhipura, District Nagaur, for offences under Ss. 384 and 376 of the IPC.

(2.) Heard learned counsel for the petitioner, learned Public Prosecutor as also learned counsel representing the complainant and perused the material available on record.

(3.) Drawing the attention of the Court towards various documents annexed by the investigating officer with the charge-sheet, learned counsel representing the petitioner submitted that the petitioner and the complainant had consensual relationship, however, when their relations became sour, only with a view to teach a lesson to the petitioner, the complainant has filed the false FIR. Learned counsel further submitted that the complainant had entered into relationship with the petitioner of her own free will and volition. The petitioner is in 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. Per contra, learned Public Prosecutor and learned counsel for the complainant have opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.