Order

Reportable

1. Arrested in furtherance of FIR No.201/2023, registered at Police Station Semari, District Udaipur, petitioner has filed this application under Section 439 Cr.P.C.(Section 483 of new Code) for releasing him on bail. The petitioner is charged for offences punishable under sections 143, 341, 363, 366A, 376(2)(3)(n), 384 of the I.P.C.

2. To begin at the beginning Shri Ojas Shakdwipeeya, learned counsel representing petitioner has fervently argued that FIR in the present case has been lodged delayed. Not only has the charge sheet been filed in the case but statements of eight witnesses, including the victim, have also been recorded. There is a contradiction regarding date of alleged incident of rape with victim. The three co-accused, who were said to be with the petitioner, were neither known to the victim nor was a test identification parade conducted for them. The actual date of birth of the victim has been concealed. No injuries were found on her private parts and in fact the complainant may not be the girl with whom the alleged incident occurred, as two different names of victim have clearly emerged on the record.

3. It has also been argued that the date of birth of