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Naresh Kumar vs State Of Rajasthan

Rajasthan High Court · Decided on 25 February 2021 · Citation: (2021) 02 RAJ CK 0158

HON’BLE JUDGES
Inderjeet Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 354, 376D · Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Amendment Act, 2015 — Section 3(1)(W), 3(1) (W)2(2)(v), 3(2)(va) · Protection Of Children from Sexual Offences Act, 2012 — Section 5G, 6
CASE NUMBER
Criminal Miscellaneous Bail Application No. 3193 Of 2021
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Judgment

12 paragraphs · 237 words
1.

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 622/2020

Registered at Police Station Tijara, P.S. District Bhiwadi, District Alwar for the offence(s) under Sections 376D, 354 of IPC and 5g and 6 of the

POCSO Act and Section3(1)(W) and 3(2)(va) of the SC/ST (POA) Amendment Act, 2015 (in FIR) and under Section 376D, 354 IPC, 5G/6 of

POCSO Act, 2012 and 3(1) (W)2(2)(v) SC/ST Act.

2.

Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that according to the

statement of the prosecutrix recorded under Section 164 Cr.P.C. no allegation of committing rape has been levelled by her against the accused-

petitioner. 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 21.10.2020

3.

Learned Public Prosecutor has opposed the bail application.

4.

Considering the material on record and taking into account the facts and circumstances of the case and also considering the statement of

prosecutrix 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.