RIYAZ Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) Petitioner has approached this Court seeking bail in FIR No. 642/2021 dtd. 12/11/2021, registered at Police Station Mohan Garden for offences punishable under Ss. 363/376 IPC and Sec. 6 of the POCSO Act.

(2.) The facts, in brief, leading to the filing of the present Petition are as follows:

(3.) The Learned Counsel for the Petitioner contends that the Petitioner is innocent and has been falsely implicated in the present case. The learned Counsel for the Petitioner further submits that the Petitioner and the prosecutrix formed a friendship and established physical relations with the consent of each other. It is further contended that the Prosecutrix voluntarily accompanied the Petitioner to Uttarakhand, and that any interaction between them was entirely consensual and free of any coercion. He further states that that all the public witnesses, including the Prosecutrix, have been examined and discharged and, therefore, there is no apprehension of the Petitioner influencing the witnesses or tampering with evidence. He states that the Petitioner is in custody since 19/11/2021 and the charge-sheet has been filed and all the public witnesses have been examined and, therefore, the Petitioner be released on bail.