MANOJ KUMAR GARG, J. - (1.) The petitioner has been arrested in connection with FIR No.128/2019 of Police Station Sallopat, Distt. Banswara for the offences punishable under Sections 363, 366, 376(2)(p) of IPC and under Sections 5 (B)/6 OF POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
(2.) Counsel for the petitioner appeared through video call and submits that according the statement of the prosecutrix, if anything happened with her then it was with the consent of the prosecutrix. The accused-petitioner is in judicial custody 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.
(3.) Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.;