ORDER

1. The present bail application has been filed under Section 439 Cr.P.C. The present petitioner has been arrested in connection with FIR No.131/2021, registered at Police Station Banetha, District Tonk for the offence under Section 363 IPC.

2. Learned counsel for the petitioner submitted that the complainant i.e. mother of the prosecutrix lodged an FIR stating that her daughter is about 17 years of age.

3. Learned counsel for the petitioner submitted that the statement of the prosecutrix recorded under Section 164 Cr.P.C. clearly establishes that she had gone on her own will with the present petitioner and she also admitted of having physical relations with the petitioner.

4. Learned counsel for the petitioner submitted that the consensual relationship between the prosecutrix and the petitioner does not make out any case and committing rape on her.

5. Learned counsel for the petitioner further submitted that the age of the prosecutrix though has been mentioned as 12.07.2005, however, her age is yet to be determined and to be decided during trial.

6. Learned counsel for the petitioner further submitted that the petitioner also 20-21 years old and he is in custody since 22.10.2021 an