AJAY 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.172/2022, Police Station Chorasi, Distt. Dungarpur for the offence under Ss. 363, 366, 376(2), 376(3), 342, 120-B of IPC and Sec. 5/6 of POCSO Act.

(2.) Learned counsel for the petitioner submits that according to the statement of the prosecutrix, she went with the petitioner and both of them slept together out of her own free will. In cross-examination of court statement of the prosecutrix (PW-2), she also admits that the petitioner had sex with her six months ago with her consent. It is further contended that there are major contradictions in her statements. In these circumstances, since the petitioner is inside the jail since October, 2022 and the trial of the case will take sufficient long time, the benefit of bail may be granted to the accused-petitioner.

(3.) Learned Public Prosecutor has opposed the bail application.