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Judgment
14 paragraphs · 251 wordsThe present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.104/2020
registered at Police Station Mahila Thana, Bhiwadi District Alwar for the offence under Section(s) 376D & 506 of I.P.C and under Section(s) 5 & 6
of POCSO Act.
It is contended by learned counsel for the petitioners that the prosecutrix has levelled no allegation against the present petitioners in her statement
recorded under Section 161 Cr.P.C. Drawing attention of this Court towards the medical report of the prosecutrix, learned counsel for the petitioners
submitted that she has neither received any injury on her person nor there is any evidence of recent intercourse with her. He submitted that the
petitioners are in judicial custody, investigation as against them is complete and prays for release of the petitioners on bail.
Per contra, learned Public Prosecutor assisted by learned counsel for the complainant submitted that the prosecutrix, aged 14 years, has levelled
specific allegations against the present petitioners of subjecting her to rape in her statement recorded under Section 164 Cr.P.C. and hence, the
petitioners do not deserve indulgence of bail.
Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature and gravity of allegations against the
present petitioners and especially the statement of the prosecutrix recorded under Section 164 Cr.P.C.; but, without expressing any opinion on the
merits of the case, I am not inclined to enlarge the petitioners on bail.
The bail application is rejected accordingly.