MANO Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 26/2/2022 for the offences punishable under Ss. 323, 342, 376(2)(i), 376(D), 506(ii) of IPC and 5(g) and 6, 17 of POCSO Act, 2012 and Sec. 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(v) of SC/ST (POA) Amendment Act, 2015 in Cr.No.20 of 2021 on file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on 29/12/2021 at about 5pm., when the defacto complainant's daughter has gone out to attend her nature's call, A1 to A3 had abducted her and had committed penetrative sexual assault on the minor victim girl. After hearing the hue and cry of the victim girl, one Priya had rescued her from the scene of occurrence and took her to their house. Later, the minor victim girl was admitted in the hospital. Thereafter, the defacto complainant/mother of the victim girl lodged a complaint and a case has been registered in Cr.No.20 of 2021 by the respondent police. Hence, the complaint.

(3.) The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would also submit that his name is not found in the FIR and only based on the confessional statement of the co-accused, he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration from 26/2/2022. He would further submit that he is ready to abide by any stringent conditions that may be imposed by this Court. He would also submit that A4, A6 to A8 were granted bail by this Court and hence, he prays for grant of bail to the petitioner.