MANNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.08/2023 Police Station Kelwara, District Rajsamand for the offences punishable under Ss. 363, 366-A of IPC and Sec. 16/17 of Protection of Children From Sexual Offences Act, 2012.

(2.) Counsel for the petitioner submits that as per the statement of prosecutrix recorded under Sec. 164 Cr.P.C., present petitioner left the prosecutrix at bus station and no rape was committed with her by the present petitioner. Challan of the case has been presented against the petitioner for the offences under Ss. 366 and 363 of IPC and under POCSO Act. The accused-petitioner is in judicial custody 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. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.