KAILASH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application under Sec. 439 Crimial P.C., 1973 arises out of FIR No. 153/2017, registered at Police Station Arnod, District Pratapgarh, for offences under Sections 366, 342, 376 & 420 IPC. The FIR came to be registered on a complaint lodged by complainant-prosecutrix under Sec. 156(3) Crimial P.C., 1973

(2.) Police after investigation has submitted charge-sheet in the matter against petitioner for the aforesaid offences.

(3.) It is argued by learned counsel for the petitioner that for the alleged offences of Sept., 2016 complaint was lodged on 14th of July, 2017 which eventually culminated into registration of FIR. It is also argued by learned counsel that even if it is assumed that complainant remained under confinement for three months then too the FIR is delayed by more than seven months. Learned counsel has further submitted that after investigation charge-sheet has already been filed in the matter. While referring to the statement of prosecutrix recorded under Sec. 164 Crimial P.C., 1973 learned counsel would contend that the same is not inspiring confidence inasmuch as for three long months no missing person report was lodged by her family members. In totality, learned counsel has urged that petitioner has been falsely implicated in the matter, and therefore, he may be enlarged on bail.