ONKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. seeking regular bail in connection with F.I.R. No. 16/2020 registered with Police Station Mandawar, District Dausa for the offences punishable under Sections 363 , 376-D of IPC and Section 5/6 of POCSO Act.

(2.) It has been contended by learned counsel for the petitioner that there is no allegation of rape against present accused petitioner Onkesh. As per the statements of prosecutrix under Sections 161 of Cr.P.C. and 164 of Cr.P.C ., the allegation of rape has been levelled against two other persons, namely Jai Singh @ Manish and Ramkesh. Charge-sheet has not been filed against Ramkesh. Other co-accused Sonu @ Nigam has been released on bail by a Co-ordinate Bench of this court on 02.06.2020 vide SB Criminal Misc. Bail Application Number 5557/2020. Case of petitioner is not different from the co-accused who has been released on bail, so he may be released on bail.

(3.) Learned Public Prosecutor has opposed the bail application.