LAWS(DLH)-2023-5-119

BABLU Vs. STATE

Decided On May 31, 2023
BABLU Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail case FIR No.210/2019, under Ss. 376/506/511 IPC and Ss. 6/12 of POCSO Act registered at PS Vijay Vihar.

(2.) In brief the facts of the case are that on 3/8/2019, the victim and her younger brother were at home when the petitioner, namely, Bablu who is the mama (Maternal uncle) of the victim sent the younger brother of victim to get some money from one Kalu bhaiya. After younger brother of victim left, the petitioner was alone at home with the victim, he started removing his clothes and also undressed the victim. It is alleged that the petitioner laid on her, inserted his finger into her private part and when she asked him to stop otherwise, she will tell her mother, the petitioner threatened to kill her and thereafter, left the spot. Subsequently, FIR No. 210/2019, under Ss. 376/506/511 IPC and Ss. 6/12 of POCSO Act was got registered at PS Vijay Vihar.

(3.) I have heard the learned counsel for the petitioner, learned APP for the State and perused the status report filed by the State.