AMRA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application under Section 439 Cr. P. C. has been filed on behalf of petitioner against whom investigation is pending for the offences under Section 376 I. P. C. in FIR No. 150/06 P. S. Mahesh Nagar, Jaipur.

(2.) LEARNED counsel for the petitioner states that the prosecutrix is sister-in-law of petitioner who is 35 years of age. According to her affidavit dated 29. 5. 2006 and statement u/s. 164 Cr. P. C. , the petitioner committed rape with her consent and thus, it cannot be a case of rape and the trial will take time so the petitioner may be released on bail.