J.R. Goyal, J. - (1.) This bail application is filed by the accused-applicant Sahajad Hussain under section 439, Cr.P.C. in F.I.R. No. 375/2005 registered at police station, Kotwali, Sikar for the offence under section 376, I.P.C. Learned Counsel for the accused-applicant contended that the accused-applicant was falsely impleaded in this matter. It is also contended that as per the prosecution case the prosecutrix did not lodge the F.I.R. for more than nine months from the date of occurrence and the same was registered on her parcha bayan when prosecutrix was under police custody in relation to a criminal case lodged against her under section 307. I.P.C.
(2.) Learned Public Prosecutor opposed the bail application.
(3.) Considering the facts and circumstances of this case, but without expressing any opinion of the merits. I think that it is a fit case to grant bail to the applicant.;