SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a third bail application by the petitioner. Earlier two were dismissed and now challan has been filed. The case of the accused is that prosecutrix Phooli Bai was unhappy with her in-laws and was involved with the petitioner and accompanied him and wanted to marry him, to this effect she has also prepared an affidavit which was attested before Notary public at Khetri. Her age, according to medical opinion is about 16 years it has been pointed out that she has given divergent statements under sections 161 and 164, Cr.P.C. The manner in which she was recovered is also different from what the prosecution has said. In her statement under section 164, Cr. P.C. she has tried to make the case as one of doing rape.

(2.) As against this, the learned counsel for the complainant has contended that all the material to which attention has been invited to say was before the court when the earlier bail applications were rejected and there is no ground for changing the opinion at this stage.

(3.) I have carefully considered the contentions and perused the record by going through the statements of the witnesses. It would not be appropriate to express any opinion on the merits of the case. Medical examination does not say that there were any injuries on her body. In fact, the medical examination is as regards age only. Statements under sections 161 and 164, Cr. P.C. of Phooli also given out a different story. Considering this and that the petitioner has remained in custody for over three months, he be released on bail on suitable conditions.