JUDGMENT

Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.86/2021, Police Station Kotwali, District Sirohi, registered for the offence punishable under Sections 363 & 366A of the Indian Penal Code, Section 16/17 of POCSO Act and Section 3(2)(v) of SC/ST (Preventio of Atrocities) Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that allegation of rape has been levelled against the main accused Rahul; petitioner has left the prosecutrix at her behest on a motor-cycle; charge-sheet has been filed; petitioner is behind the bars since 22.04.2021; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that accused-petitioner has active participation in the incident and he himself has left the prosecutrix on a motor-cycle.

5. In reply, learned c