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Judgment
14 paragraphs · 217 wordsPetitioner has filed this bail application under Section 439 of Cr.P.C.
F.I.R. No. 611/2019 was registered at Police Station Udyog Nagar, Sikar for offence under Sections 143, 363, 365, 384, 376-D of I.P.C. and
Section 5(G)/6 of POCSO act.
It is contended by counsel for the petitioner that there is an inordinate delay in lodging of FIR. Prosecutrix was in a relationship with Asif. Petitioner
has been falsely implicated in the present FIR. It is also contended that the manager of the hotel has not reported anything with regard to offence of
rape at his hotel.
Learned Public Prosecutor has opposed the bail application. It is contended that prosecutrix is a child. It is contended that prosecutrix in her
statement recorded under Section 164 Cr.P.C., has stated that she was picked up in Bolero and petitioner and the co-accused Asif committed rape
with her.
I have considered the contentions.
Considering the contentions put forth by counsel for the State, I am not inclined to entertain the bail application.
Accordingly, Criminal Misc. Bail Application is dismissed.
However, petitioner would be free to move fresh bail application after recording the statement of prosecutrix in the Court.
Trial Court is directed to record the statement of the prosecutrix at the earliest.