Order

18/01/2024

1. The present bail application under Section 439 Cr.P.C. has been filed by the applicant seeking regular bail in connection with the FIR (C.R.) No. 271/2023 registered at Police Station Rajiv Gandhi Nagar, District Jodhpur City (West) for the offences under Sections 376(2)(n), 506, 448/511 and 354-D of Indian Penal Code .

2. Mr. Rajpurohit, learned counsel for the applicant submitted that the physical relationship between the applicant and the prosecutrix was consensual, which is evident from a bare look at the contents of the First Information Report itself. He contended that the prosecutrix has lodged the present FIR vindictively, when the relationship between her and the applicant turned sour.

3. Learned Public Prosecutor vehemently opposed the bail application by invited Court’s attention towards the statement of the prosecutrix recorded under Sections 161 and 164 of Cr.P.C. He contended that the prosecutrix has made clear assertion that the applicant had established physical relationship with her under garb of promise to marry.

4. On the basis of the case diary, learned Public Prosecutor however, fairly submitted that as per the investigation, the flat in which th