BABBAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.73/2022 of Police Station Kelwara, Dist Rajsamand for the offence punishable under Ss. 376(3), 376(2)(n), 384 of IPC and 5(1)/6, 11(iv)/12 of POCSO Act 2012 and 67-B of the Information Technology Act. He has preferred this third bail application under Sec. 439 Cr.P.C. The first bail application was dismissed as not pressed on 4/1/2023 and the second bail application was dismissed as not pressed on 14/12/2023.

(2.) Counsel for the petitioner submits that the victim herself filed an application before the trial court mentioning that she does not want to proceed further with the present case and if bail is granted, she does not have any objection. Counsel further submits that earlier due to some reasons, the prosecutrix gave statement against the petitioner. The accused-petitioner is inside jail since 2/4/2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner. Learned Public Prosecutor has opposed the third bail application and counsel for the complainant concurred the fact about the compromise.

(3.) Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.