(1.) The present petition has been filed by the petitioner/accused No.1 under section 439 of Cr.P.C., 1973 seeking his release on bail in Crime No.21/2018 registered by Ajekar Police Station (Spl. C. No.43/2018) for the offences punishable under Sections 376, 506, 354 of IPC and also under Sections 4, 8 and 17 of POCSO Act.
(2.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
(3.) The genesis of the complaint are that on 20.03.2018 when the complainant had been to work, at that time the victim was there in her house and on the same day when she came back at about 6.00 p.m., victim was not found in the house. In spite of searching in neighbours' and relatives' house, victim could not traced. As such, a missing complaint came to be filed. During the course of investigation, it revealed that on 23.03.2018 at about 11.00 p.m., victim was traced in the house of accused No.3 and in an enquiry, it revealed that on 20.03.2018, accused No.1- Ravi kidnapped the said victim and took her to beach on his bike thereafter, by taking her nearby building committed sexual assault on her. Thereafter, accused No.1 took her to the house of accused No.3 and there accused No.2 also outraged her modesty by touching her body. On the basis of the complaint, a case was registered.