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Judgment
7 paragraphs · 239 wordsManoj Kumar Garg, J
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.01/2022, Police Station Taranagar, District Churu, registered for the offence punishable under Sections 376(2)(n) & 509 of the Indian Penal Code and Sections 5(L)/6, 11(v) & 11(v)/12 of the POCSO Act.
Learned counsel for the petitioner submits that the prosecutrix has been examined in the Court and there are material contradictions, improvements and omissions in her statements; F.I.R. in this case has also been lodged after a delay which has not been explained by the complainant; the challan of the case has already been presented; and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the petitioner.
Per contra, learned Public Prosecutor and learned counsel appearing on behalf of the complainant have opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
Having regard to the totality of the facts and circumstances of the case and considering the facts that the prosecutrix has been examined in the Court as PW.1 and a specific allegation has been levelled against the petitioner for committing rape.
No case is made out for grant of bail to the petitioner. Hence, the instant bail application filed by the petitioner is hereby dismissed at this stage.