(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being CR - I/11219002210621/2021 registered with Ahwa Police Station, District :Dangs for offences punishable under Ss. 376(D), 120 (), 506(2) and 114 of the Indian Penal Code and Ss. 5(G), 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 and Sec. 67(b) of the Information Technology Act, 2000.
(2.) Learned advocate Mr. Shekhawat for the applicant submits that the Criminal Misc. Application No.1951 of 2022 was withdrawn as the charge-sheet came to be filed during the pendency of the application and the present application is filed after the charge-sheet. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.
(3.) Learned APP submits that the it is the case under the POCSO Act and the victim is aged about 14 years and 7 months. She has stated about the main accused and 4 to 5 of his friends. He submits that it would be the matter of trial and evidence to decide the involvement of the applicant and he urged to reject the application. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.