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Judgment
10 paragraphs · 186 wordsG.S. Ahluwalia, J
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 06.02.2021 in connection with Crime No.71/2021 registered by Police Station Dehat District Ashoknagar for
offence punishable under Sections 363, 366-A, 376(2)(N), 376(3) of IPC and Section 5L/6 of POCSO Act.
According to the prosecution case, date of birth of the prosecutrix is 07.07.2003 and she eloped on 31.01.2021 with the applicant and was recovered
on 06.02.2021. It is submitted by the counsel for the applicant that from the statement of the prosecutrix, it is clear that she herself had gone along
with the applicant. In her statement under Section 164 of CrPC, she has specifically stated that no physical relations had developed with the applicant.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that seized articles have been sent for DNA test as well
as for FSL and the reports have not been received.
Accordingly, this application is dismissed with liberty to the applicant to revive the prayer after the receipt of DNA test report.