ABDUL KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 113/2018 of Police Station Nohar, Distt. Hanumangarh for the offences punishable under Ss. 376, 363, 366 IPC. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is aruged that the prosecutrix went to Sahava from Nohar in the intervening night of 5/3/2018 on her own and in this regard, father of the prosecutrix lodged a missing person report at the Police Station, Nohar. It is submitted that the police traced out the prosecutrix on 6/3/2018 and her statement was recorded wherein, she has stated that she went to Sahava from Nohar to meet her grand-mother without informing her in-laws and nobody had abducted her. Learned counsel for the petitioner has further submitted that the prosecutrix was 19 years of age on the date of incident and she was in relation with the petitioner prior to her marriage. It is submitted that after recording of the statement of the prosecutrix on 6/3/2018 by the police, a complaint was filed by her alleging that she was kidnapped by the petitioner and sexually assaulted by him. It is further submitted that the said complaint of the prosecutrix was filed under the pressure of her family members. It is also argued that investigation into the allegations levelled in the FIR is almost completed and the petitioner is in judicial cusody.