GANGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present application has been filed under Section 438 Cr.RC. for grant of pre-arrest bail to the petitioner in a case arising out of FIR No. 265/2008, registered at Police Station Chauth Ka Barwada, District Sawai Madhopur for offence punishable under Sections 366 and 368 I.P.C.

(2.) Counsel for the petitioner has submitted that the investigating agency had earlier submitted a final report in negative form finding the case of the complainant to be false. The complainant had filed protest petition and thereafter statement of Sonu @ Sona Bai under Section 210 Cr.P.C. was recorded and thereafter taking cognizance of the offence the court of Magistrate had issued warrant of arrest.

(3.) Having heard counsel for the parties, this Court is of the view that the petitioner is a lady and further more the investigating agency had earlier found the version given by the complainant to be false, hence, custodial interrogation of the petitioner will not advance interest of justice.