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Judgment
12 paragraphs · 263 wordsThe present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 269/2020
Registered at Police Station Dadabari, District Kota for the offence(s) under Sections 363, 376 of IPC and under Section 3, 4 of POCSO Act (in
F.I.R) & under Section 363, 376(2)(n) of IPC and under Section 5L/6 of POCSO and Section 67 of I.T. Act (in Order)
Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that petitioner and victim are
students and are known to each other for quite long time. Counsel further submits that she travelled with the petitioner to so many places. Counsel for
the petitioner submits that the age of the prosecutrix is yet to be determined during trial. Counsel further submits that the F.I.R has been lodged after a
delay of one year. Counsel further submits that challan has already been presented in the court and conclusion of trial may take long time. Counsel
further submits that the petitioner is in custody since 15.09.2020.
Learned Public Prosecutor has opposed the bail application.
Considering the material on record and taking into account the facts and circumstances of the case and also considering the period of custody and
without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial
Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.