NARESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.370/2023 registered at Police Station Kushalgarh, Dist. Banswara for the offences under Ss. 376(2)(n) & 376 of IPC;and Sec. 5(l)/6 & 5(j)(ll)/6 of POCSO.

(2.) Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Drawing attention of the Court towards the FIR, learned counsel for the petitioner submitted that the allegation against the present petitioner is that he subjected the victim to forcible sexual assault rape when she was attending a marriage function at her maternal uncle's house on 19/9/2023. Drawing further attention of the Court towards the statements of the victim recorded under Sec. 161 Cr.P.C., learned counsel submitted that the victim who was aged about 17 years was having a consensual relationship with the present petitioner who is aged about 22 years. However, when the victim became pregnant and their relationship surfaced before their family members, the petitioner has been roped in a false criminal case.

(3.) Lastly, learned counsel submitted that the petitioner is in judicial custody since 31/1/2025; challan has already been filed in the present case; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.