RAM CHANDRA 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.109/2023, registered at Police Station Rawla, District Sri Ganganagar, for offences under Ss. 323, 382, 354(B), 506, 365, 376(2)(N) and 34 of IPC.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioner submitted that the prosecutrix who is a mature lady aged about 43 years, has falsely roped the present petitioner in a criminal case. He further submitted that as per the written report, the prosecutrix was subjected to sexual assault/rape by the present petitioner for the first time about five years prior to the date of lodging of the FIR. Learned counsel submitted that prosecutrix in the last five years, despite having ample opportunities, did not disclose the factum of she being sexually assaulted by the present petitioner to anyone. Learned counsel further submitted that as a matter of fact, the prosecutrix was in a consensual relationship with the present petitioner, however, on their relation turning strained, the petitioner has falsely been implicated in a criminal case. It was submitted that the petitioner is in judicial custody since 25/6/2023 and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.