KAMLESH Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties and also perused the material available on record.

(2.) The petitioner(s) has/have been arrested in FIR No. 40/2019 of Police Station Gangapur, Distt. Bhilwara for the offence(s) punishable under Sec. (s) 363, 366 and 376 IPC. He/she/they has/have preferred this/these bail application(s) under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that prosecutrix and the petitioner used to study together and during that time, they enterered into friendship. It is submitted that on 12/2/2019, the prosecutrix went with the petitioner on her own free will in his vagon car and remained with him for about 2 to 3 days. It is further submitted that the prosecutrix was recovered by the police on 15/2/2019 and her statement was recorded wherein, she has alleged that petitioner abducted her along with one other person, however, she has specifically stated that the petitioner had not sexually assaulted her. It is argued that later on, the prosecutrix in her statement recorded under Sec. 164 Cr.P.C. on 18/2/2019 has levelled allegation of sexual assault and kidnapping against the petitioner under pressure of her family members. It is further submitted that prosecutrix is major and she entered into friendship with the petitioner on her own free will. It is submitted that the petitioner is in judicial custody and investigation has already been completed from him.