MANISH 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 FIR No.11/2023 registered at Police Station Mahila Thana, District Sri Ganganagar, for offence under Ss. 376(2)(n), 420, 323, 506 of IPC.

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

(3.) Learned counsel for the petitioner submitted that the prosecutrix is a divorcee woman having two children from her previous marriage. Learned counsel submitted that from the perusal of the FIR, it is evident that the allegations upon the present petitioner is of indulging in consensual sexual relationship with the prosecutrix on the false pretext of marriage. Learned counsel submitted that in view of the fact that the prosecutrix of her free will and violation entered into consensual sexual relationship with the present petitioner, it cannot be presumed that she did not have sufficient maturity to understand the consequences of these relations. Learned counsel submitted that the petitioner has been falsely implicated in the present case; the petitioner is in judicial custody; challan has already been filed and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail should be granted to the petitioner.