GYAN CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the complainant and the learned Public Prosecutor and perused the case diary as well as the affidavit filed by Smt. Prem Devi who is prosecutrix as well as her husband Shyamlal. Both of them are present before this court and are, identified by their counsel.

(2.) It is submitted by the learned counsel for the petitioner that alleged incident is reported to have taken place in the month of Feb., 2007 whereas the report in the instant case has been lodged after four months of the incident.

(3.) Having gone through the case diary and in the present facts and circumstances, without expressing any opinion on the merits of the case, I am inclined to accept this bail application and grant the benefit of Sec. 438 Crimial P.C. to the accused petitioner.