JUDGMENT :

1. The present bail application has been filed under Cr.P.C. in connection with FIR No.403/2021, registered at Police Station Shrimadhopur, District Sikar for the offence(s) under Sections 376 & 506 IPC.

2. Learned counsel for the accused-petitioner submitted that the prosecutrix lodged an FIR under Sections 376 & 506 IPC alleging that the petitioner had called the prosecutrix on the pretext of attending birthday party of his sister in a restaurant, where on arrival, it was found that sister of the petitioner was not present and the petitioner is alleged to have taken the prosecutrix on the first floor of the restaurant and there he is said to have committed rape.

3. Learned counsel for the petitioner submitted that the statement of the prosecutrix was recorded immediately under Section 161 Cr.P.C. and the prosecutrix clearly admitted her relation with the present petitioner from last several months. The prosecutrix further stated that the mobile phone was also provided to her by the petitioner and they were continuously talking to each other.

4. Learned counsel for the petitioner submitted that the statement of the proseuctrix recorded under Section 164 Cr.P.C. is at varian