ROHIT KUMAR JHA Vs. STATE

JUDGEMENT

(1.) The applicant, vide the present application seeks the grant of bail under Section 439 of the Cr.P.C., 1973 in relation to FIR No.275/2021, PS Jafrabad under Sections 366/376/506 of the Indian Penal Code, 1860 and Section 6 of the POCSO Act, 2012 submitting to the effect that he has been falsely implicated in the instant case and that the relations between the applicant and the prosecutrix were wholly consensual. Inter alia it has been submitted on behalf of the applicant that no offence whatsoever in terms of the POCSO enactment is made out against the applicant, in as much as, the prosecutrix was a major as per her documents with her date of birth being 10.10.2002.

(2.) Inter alia it is submitted on behalf of the applicant that the photographs of the prosecutrix which show the marriage between the prosecutrix and the applicant which have been placed on record reflect clearly the happy state of mind of the prosecutrix when she married the applicant and that the documents do not lie and clearly show that none of the alleged commission of the offences under Sections 366/376/506 of the Indian Penal Code, 1860 and Section 6 of the POCSO Act, 2012 are made out in any manner.

(3.) Notice of the application was issued to the State. The status report dated 26.09.2021 under the signatures of the SHO, PS Jafrabad has been submitted whereby, it has been submitted that the FIR was registered at PS Jafrabad on a written complaint of Ms.R in which she stated that Rohit (the present applicant) who was the friend of her brother, used to visit their residence and had forced her to accept the friend request on the Facebook one year ago. This FIR is indicated to have been registered on 17.07.2021 and the date of occurrence through the FIR having been put forth as being 10.04.2021.