JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No. 84/2022 of Police Station Kotwali Dungarpur, District Dungarpur, for the offence punishable under Sections 363, 366 & 376(3) of IPC and Section 3/4 of POCSO act. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that according to the statement of prosecutrix, she clearly mentioned that she went along with the petitioner with her own free will and if anything happened, it was with the consent of the prosecutrix. Challan of the case has already been presented. The accused-petitioner is behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.

4. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. accordingly, the bail application filed under Sec.43