RAJEEV Vs. STATE OF H. P.

JUDGEMENT

(1.) A boy aged 19 years, who is in custody for taking a girl aged around 13 years, to a hotel where he committed coitus with her, has come up before this Court seeking regular bail on the ground that because since she had created a Facebook account in her name, would make anyone believe her to be aged 18 years and more, and this is what he also thought about her age.

(2.) Earlier, the petitioner had filed a petition under Section 439 CrPC before this Court. However, vide order dated 27.10.2020, the same was dismissed as withdrawn with liberty to file afresh. Now he has filed this petition before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC).

(3.) In Para 9 of the bail application, the petitioner declares having no criminal history. The status report also does not mention any criminal past of the accused.