HARISH 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.41/2023 Police Station Falna, District Pali for the offences punishable under Ss. 376(2)(N), 506 of IPC.

(2.) Counsel for the petitioner submits that prosecutrix is a major and she clearly mentioned in her statement as recorded under Sec. 164 Cr.P.C. that no one has committed rape with her. Challan of the case has been presented. The accused-petitioner is in judicial custody since 1/3/2023 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.