KAMLESH 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.88/2022, registered at Police Station Bhupalsagar, District Chittorgarh, for offences under Ss. 376(D)(A) IPC and Sec. 5(G)/6 POCSO Act.

(2.) Learned counsel for the petitioner drew attention of the Court towards the statement of prosecutrix "R" recorded before the competent criminal court on 25/1/2023 wherein, she has levelled allegation of sexual assault on Prakash and Ratan Lal. Learned counsel further submitted that the petitioner has not been named by the prosecutrix "R" and therefore there are very less chances of him getting convicted in this case. Learned counsel further submitted that the prosecutrix has already been declared hostile. 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.

(3.) Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.