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Judgment
Manoj Kumar Garg, J
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.185/2021 Police Station Panchu, District Bikaner for the offences punishable under Sections 376(2)(N), 447 & 506 of IPC.
Learned counsel for the petitioner submits that an FIR has been lodged in this case after a considerable delay and this delay has not at all been explained by the prosecutrix. Challan of the case has already been presented. The accused-petitioner is behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
As per the statement of prosecutrix recorded under Section 161 and 164 Cr.P.C., this is a case of gang rape and specific allegation for committing rape has been levelled against the accused-petitioner along with Dayal Ram, therefore, no case for grant of bail is made out.
Hence, the present bail application filed by the petitioner is hereby dismissed.
However, liberty is granted to the petitioner to file afresh after recording the statement of prosecturix.