RAJU 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.240/2022, registered at Police Station Dhambola, District Dungarpur, for offences under Ss. 447, 376, 376(2) and 506 IPC.

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

(3.) Drawing attention of the Court towards the statements of the prosecutrix recorded before the competent criminal court as P.W.-1, learned counsel for the petitioner submitted that the petitioner was in a consensual relationship with the prosecutrix who is a mature married woman. Learned counsel submitted that the prosecutrix in her court statements has admitted that the petitioner used to visit her in the absence of her husband. Learned counsel submitted that the petitioner has been roped in a false criminal case by the prosecutrix on their relations turning strained. Lastly, learned counsel submitted that statements of the prosecutrix have already been recorded before the competent criminal court and therefore there are no chances of the prosecutrix being influenced by the present petitioner. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.