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Judgment
8 paragraphs · 313 wordsHeard.
This is the Second Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 25.05.2021 in connection with Crime No.272/2021 registered at Police Station O.P. Chikhali, P.S. Kotwali, District Rajnandgaon (CG) for the offence punishable under Sections 363, 366, 376 (3), 376 (2) (N) of the IPC and Sections 4 & 6 of the POCSO Act, 2012.
The First Bail Application bearing M.Cr.C. No.7256 of 2021 was dismissed on merits on 10.12.2021.
As per the prosecution case, a report was lodged by the mother of the victim on 27.05.2021 that while she was returned from some job, she saw her daughter was sitting outside. She was in the state of fear and when she asked, it was disclosed that 3-4 months back, she was subjected to rape by the present applicant and others. She being minor, the offence has been registered.
Learned counsel for the applicant submits that now the prosecutrix has been examined and the reading of the statement of the prosecutrix in entirety would show that the false acquisition has been made, therefore, the applicant may be released on bail.
Per contra, learned State counsel opposes the prayer for grant of bail.
After going through the statement of the prosecutrix, I am not going to deliberate the issue and enter into the merits of the case as it may affect the rights of the prosecution or the accused. While deciding the bail it would not be proper to give the observation since the prosecutrix has already been examined and it is for the trial Court to evaluate the statement after taking into consideration the further evidence available. In view of such circumstances, I am not inclined to release the applicant on bail.
Accordingly, the bail application is rejected.