- (1.) Heard learned counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in Court.
(2.) The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.355/2019 registered at Police Station Nainwa, District Bundi for the offence(s) under Sections 363 and 366 of IPC.
(3.) Counsel for the petitioners submits that the petitioners have been falsely been implicated in this case. It is stated that the prosecutrix is a major lady and she went with the accused petitioners on her own will. There is a contradiction between the FIR and the statement recorded under Sections 161 Cr.P.C. (supplementary) and 164 Cr.P.C . In the statement under Section 161 of Cr.P.C. recorded on 31.10.2019, the prosecutrix has made allegation against accused petitioner Kalu only and thereafter in the statement recorded subsequently on 12.11.2019, she has made allegation against accused petitioner Kalu as well as accused petitioner Bhola Shankar, Pradhan Meena and Bhojraj. Counsel further submitted that coaccused Pradhan Meena and Bhojraj have been granted bail by a coordinate Bench of this Court and the case of the present petitioners are not distinguishable from that of coaccused persons, who have been granted bail. Accused petitioners Bhola and Kalu are in judicial custody since 16.12.2019 and 31.10.2019 respectively. Challan has already been filed and completion of the trial will likely to take time, so the accused petitioners may be enlarged on bail.;