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Rajasthan High Court · body

2022 DIGILAW 2932 (RAJ)

Kamil Khan v. State of Rajasthan

2022-12-09

MANOJ KUMAR GARG

body2022
JUDGMENT Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.592/2022 of Police Station Sukher, District Udaipur for the offence punishable under Sections 328, 389, 376(2)(N) & 506 of the IPC and Section 67 of the IT Act. 2. Learned counsel for the petitioner submits that prosecutrix is a major girl and she lodged a false complaint against the present petitioner. Counsel further submits that the photographs of the petitioner and prosecutrix clearly depicts that the prosecutirx was in love with the petitioner and if anything was happened, that was with the consent of the prosecutrix. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner. 3. Per contra learned Public Prosecutor has opposed the prayer for bail. 4. Heard learned counsel for the parties and perused the material available on record. 5. According to the statement of prosecutrix recorded under Sections 161 and 164 Cr.P.C., a specific allegation for committing rape has been made against the present petitioner. 6. In the aforesaid circumstances, this Court in not inclined to grant benefit of bail to the petitioner. Hence, the bail application filed by the petitioner is hereby rejected.