MANAK RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No. 42/2023 of Police Station Bhopalgarh, District Jodhpur, for the offence punishable under Ss. 363, 366-A, 376 of IPC and Sec. 3/4 and 16/17 of POCSO Act. 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, she clearly mentioned that she roamed with the petitioner at so many places with her own free will and during this period she has not raised any hue and cry and if anything happened, then it was with the consent of the prosecutrix. 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 as well as counsel for the complainant vehemently opposed the bail application.