MOHAMMAD ALI 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.90/2024, registered at Police Station Mandalgarh, District Bhilwara, for the offences under Ss. 363, 342, 384, 376(2) (n) and 406 of IPC and Ss. 3/4 of POCSO Act.

(2.) Learned counsel for the petitioner submitted that Victim- 'G', who is aged about 17 years, has voluntarily went away from her house with the present petitioner and remained in his company, out of her own free will and volition. Learned counsel submitted that while she was in company of the present petitioner, she had travelled with him to various places using public transportation and stayed in a hotel situated in thickly populated area. However, despite having ample opportunities, she did not disclose the factum of she being forcibly abducted or subjected to sexual assault-rape by the present petitioner to any person which is indicative of the above mentioned fact. Learned counsel submitted that as a matter of fact, on relations between them turning strained, the petitioner has been roped in false criminal case.

(3.) Lastly, learned counsel submitted that 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.