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Judgment
7 paragraphs · 190 wordsManoj Kumar Garg, J
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.189/2021, Police Station Ladnun, District Nagaur for the offence punishable under Section 376(2) of Indian Penal Code and Section 5/6 POCSO Act.
Learned counsel for the petitioner submits that F.I.R. in this case has been lodged after considerable delay and this delay has not been explained by the prosecutrix. Learned counsel further submits that there are material contradictions in the statement of the prosecutrix recorded under Section 161 & 164 Cr.P.C. Challan of the case has already been presented. In these circumstances, the petitioner may be released on bail.
Per contra, Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for bail.
I have considered the arguments advanced before me and carefully gone through the material available on record.
There are specific allegation against the petitioner. No case for grant of bail is made out.
Accordingly, this Criminal Miscellaneous Bail Application is dismissed. However, the petitioner is at liberty to file bail application afresh after recording the statement of the prosecutrix.