SODAN GURJAR 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.180/2022 registered at Police Station Parsoli, District Chittorgarh for the offences under Ss. 363, 366A, 344, 376(2)(N) and 120B IPC.

(2.) Drawing attention of the Court towards the statements of the prosecutrix recorded under Ss. 161 and 164 Cr.P.C., learned counsel for the petitioner submitted that the prosecutrix who was previously married to one Chhotu Lal voluntarily contracted 'Nata Marriage' with the present petitioner and remained in his company for about eight days out of her free will and volition. Learned counsel submitted that the prosecutrix introduced herself as an adult to the petitioner for getting married and he had no idea that the prosecutrix is a minor girl. Learned counsel submitted that the prosecutrix voluntarily entered into physical relationship with the present petitioner. However, on their relations turning strained, the prosecutrix has falsely roped the petitioner in a criminal case. Learned counsel further submitted that the petitioner is aged about 23 years; the petitioner is in judicial custody since 19/1/2023; challan has already been filed against the petitioner and the trial of the case will take sufficiently long time.

(3.) On these grounds, he implored the court to enlarge the petitioner on bail.