BAGDA RAM 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.376/2023 registered at Police Station Bhinmal, District Jalore, for offences under Ss. 342, 365, 384, 376 of the IPC.

(2.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as per prosecution on 16/8/2023 the prosecutrix was kidnapped by the present petitioner and thereafter she was repeatedly being subjected to sexual assault/rape by the petitioner.

(3.) Drawing attention of the court towards the FIR learned counsel submitted that the prosecutrix who is a mature married woman aged about 35 years, was having a consensual relationship with the present petitioner. The FIR has been lodged after a delay of about two months from the date on which the alleged incident of kidnapping took place. It was contended that the prosecutrix remained in the company of the present petitioner at Rajkot (Gujarat) out of her own free will and volition.