RAHUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 439 of the Cr.P.C. for grant of bail pending trial in case FIR No. 152 dated 7.6.2019, registered under Sections 377, 506 and 34 IPC; Sections 4 and 14(2) of the Protection of Children from Sexual Offences Act, 2012 and Sections 66E and 67E of the Information Technology Act, 2008, at Police Station Salhawas, District Jhajjar.

(2.) It is contended by the counsel for the petitioner that the case against the petitioner is totally concocted. Even as per the case of the prosecution, the allegation constituting offence under Section 377 IPC is not against the petitioner, rather it is against the co-accused. The victim has not been examined so far. He has further submitted that the complainant, the mother of the victim, has admitted in the cross-examination that she had earlier lodged a similar complaint qua her daughter as well, which was subsequently compromised. In the present case, the co-accused of the petitioner has also got lodged an FIR against the alleged victim of the present FIR for similar act. However, police are not taking any action in that, despite that being a cross version case. The petitioner is not required for any investigation purposes. There is no other case against the petitioner. Hence, the petitioner deserves to be released on bail.

(3.) Notice of motion.