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Judgment
7 paragraphs · 251 wordsRajesh Kumar, J
Heard the parties.
The applicant, who is in custody since 05.11.2022, has approached this Court for grant of regular bail in connection with Patan P.S. Case No.99 of 2022 (POCSO Case No.2 of 2023) for the offence under Sections 363, 366, 376(3) IPC and Section 6 read with Section 5 (J)(ii) of the POCSO Act, pending in the court of Exclusive Special Judge, POCSO Act, Palamau.
It has been submitted by the counsel for the applicant(s) that complete set of FIR/ Complaint Case along with its enclosure have been annexed with this bail application and there is no suppression on the part of the applicant(s).
Innocence has been claimed and participation in the trial has been assured. It has been submitted that it is a malicious prosecution, as the girl has gone out on her own will with this applicant and they have visited in so many places, which suggests that there was no coercion. On the above facts, prayer for bail has been made.
On the other hand, learned A.P.P. has opposed the prayer for bail and it has been submitted that the daughter of the informant has been kidnapped by this applicant and she was found to be pregnant of more than 15 weeks.
Considering the nature of allegations and the materials available on the record, I am not inclined to enlarge the applicant (s) on bail at this stage. Accordingly, the prayer for bail of the applicant(s) stands rejected.