JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No.89/2022 of Police Station Bhanipura, District Churu for the offence punishable under Sections 363, 366(A), 376(2)(N), 376(3), 193/34 IPC and Section 5(L)/6 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioner submits that according to the statement of the prosecutrix, she went with the petitioner out of her own free will and they willingly resided together for about one and half month. Counsel submits that if anything happened, that was with the consent of the prosecutrix. Challan of the case has already been presented and no investigation is pending. The accused-petitioner is in judicial custody 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 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.