JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No. 39/2022 of Police Station Chhapar, District Churu, for the offence punishable under Sections 363 and 366-a of IPC. 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 recorded under Section 164 Cr.P.C., she clearly mentioned that she went along with the accused-petitioner with her own free will and resided with the petitioner for about one month and she also stated in her statement that the petitioner did not commit rape with her. 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 has 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.439 Cr.P.C. is allowed and it is dire