NARESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner Naresh S/o Shri Narsingh Machar who is in custody at District Jail, Banswara in relation to F.I.R. No.81/2022, Police Station Sallotpat, District Banswara and Sessions case No.235/2022 State vs. Naresh for the offence punishable under Ss. 366 and 376(2)(n) of IPC.

(2.) Learned counsel for the petitioner submits that the police after investigation has filed a charge-sheet and the present petitioner is not required for any investigation. He submits that the trial will take its own time and in baseless allegations, the present petitioner was arrested. He submits that prosecutrix is a major woman and her conduct itself indicates that she has voluntarily travelled to Gujarat and other places. He further submits that the statement of prosecutrix further indicates that after being bereft with the present petitioner, the prosecutrix has moved with a juvenile. He further submits that the story as narrated by the prosecutrix is highly unbelievable. He submits that this case was registered as the present petitioner fails to pay Rs.50,000.00 as compromise amount to the claimant. He submits that petitioner is a poor man and his family will be impacted from his unnecessary incarceration. He further submits that no scientific evidence was recovered except the bald statement of prosecutrix, no other evidence is available on record against the present petitioner.

(3.) The aforesaid contentions are opposed by learned Public Prosecutor.