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2021 Supreme(Raj) 1717

MAHENDAR KUMAR GOYAL
Gautam Saini – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. Inder Raj Saini, Advocate, for the Petitioner; Mr. F.R. Meena, P.P, for the Respondent

JUDGMENT

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.206/2021 registered at Police Station Mahila Thana District Alwar for the offence(s) under Section(s) 366, 376-D, 384 & 506 IPC and Sections 67-A & 67-B of the Information Technology Act, 2000 (for brevity "the Act of 2000").

It is contended by learned counsel for the petitioner that the prosecutrix has levelled no allegation of subjecting her to rape against him either in the FIR lodged by her or in her statements recorded under Section 161 as well as under Section 164 CrPC. He submitted that the allegation against him does not constitute any offence beyond the provisions of the Act of 2000. He submitted that the petitioner is in custody since 01.07.2021, investigation as against him is complete, he has no criminal antecedents and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegations against him, his length of custody, the material contained in the case diary especially the contents of the FIR, st

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