P.K.LOHRA,J. - (1.) Accused-petitioner has preferred this bail application under Section 439 Cr.P.C. for seeking bail in connection with FIR No.262/2016 of Police Station Kudi Bhagtasni, District Jodhpur, wherein, he is charged for offences punishable under Section 376(d), 323, 427 and 458 I.P.C.
(2.) Learned counsel for the petitioner, Mr. Vishal Sharma, submits that the complainant has lodged earlier FIR against the petitioner bearing No.264/2015, wherein, offences under Section 376 and 493 I.P.C. were slapped against him and in that case petitioner has already been enlarged on bail by this Court by order dated 05.11.2015. Learned counsel further submits that in fact, the complainant was having consensual relations with the petitioner and the entire story in the FIR has been blown out of proportion to pressurize him for divorcing his first wife. Learned counsel has also urged that the statement of prosecutrix, recorded under Section 164 Cr.P.C., are per se not inspiring confidence to prima facie prove the charges attributed against the petitioner. With all these submissions learned counsel has urged that petitioner is entitled to be enlarged on bail.
(3.) Learned Public Prosecutor has opposed the bail application in general and submits that looking to the serious allegation of 376(d) petitioner is not entitled for bail in the matter.;