SUNIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under Sec. 439 Cr.P.C. has been filed by the petitioner in connection with FIR No. 105/2023, registered at Police Station Malsisar, District Jhunjhunu wherein he is charged for offences punishable under Ss. 363, 366, 376(3), 376(3)(N) of IPC and Ss. 5/6, 16/17 of the Protection of Children from Sexual Offences Act, 2012.

(2.) Learned Counsel for the petitioner submits that no allegations of rape has been levelled against the petitioner by the prosecutrix in her statements recorded under Sec. 164 Cr.P.C. Counsel submits that the prosecutrix has levelled specific allegation of rape against the co-accused Ganesh, Counsel submits that after investigation charge-sheet has been filed. Counsel submits that the petitioner is in custody since the date of his arrest and trial will take its own time to conclude, therefore indulgence of bail be granted to the petitioner.

(3.) Per Contra, learned Public Prosecutor opposed the bail application.