Order

15/01/2024

1. This application for bail has been filed by the applicant under section 439 of the Code of Criminal Procedure ,1973 in connection with FIR No.69/23, Police Station Mandawa, District Udaipur for the offences under sections 366, 342, 376 & 506 of the Indian Penal Code ,1860.

2. While maintaining that the FIR in question is false and has been lodged in order to unnecessarily harass the present applicant, learned counsel for the applicant submitted that the delay in lodging the FIR suggests that the same is false.

3. Learned counsel invited court’s attention towards the contents of FIR, the statements of the prosecutrix under sections 161 and 164 of the Code of Criminal Procedure , 1973 and highlighted that the stand/version of the prosecutrix is different at all the stages of recording of evidence.

4. Learned counsel for the applicant argued that there is inconsistency in the stand of the prosecutrix, hence, the applicant who is behind bars since 21.09.2023, be enlarged on bail.

5. Learned Public Prosecutor vehemently opposed the bail application.

6. Heard learned counsel for the parties and perused the record including the FIR, statements of the prosecutrix under secti