BHARAT ABHILASH Vs. STATE

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking bail in case FIR No. 115/2018 under Sections 376/306/506/323/109 IPC read with Section 6/17 of POCSO Act registered at Police Station Mianwali Nagar.

(2.) Briefly stated, the facts of the case are that on 11.04.2018, DD No. 41A was received at police station Pashim Vihar West and the same was marked to ASI regarding MLC No. 5743/2018 of prosecutrix from Sanjay Gandhi Memorial Hospital, Mangol Puri, Delhi. It is alleged that the MLC of the prosecutrix was handed over to ASI in which doctor gave the alleged history of consumption of unknown compound and patient is drowsy and is unfit for statement. It is alleged that doctor gave a sealed exhibit of gastric leverage of prosecutrix with the sample seal which was taken by ASI through seizure memo. It is alleged that victim was found to be UTP positive and at the time of incident she was 16 years old and DOB is 02.11.2002. After that, the statement of the prosecutrix was recorded on 13.4.2018 wherein it is alleged by the prosecutrix that she was a student of class 9th and accused Ram Lal @ Ganna started talking and meeting her at her school. It is alleged that in January 2018 when her school holiday was over, the time came after about 2.15 accused Ramlal @ Ganna took her to his friend s house four times, where he had done wrong thing (rape) with her and threatened her that he will kill her parents if she told anyone about it. After that, a case under Section 376/306/506 IPC and Section 6 POCSO Act was registered at police station Paschim Vihar, Delhi, West.

(3.) I have heard the counsel for the petitioner and learned APP for the State.