KALU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.583/2019, registered at Police Station Anta, District Baran for the offence(s) under Sections 363 , 366 , 376 (2)(h), 376-D of IPC and Section 3/4, 5(D)/6 of POCSO Act.

(2.) Learned counsel for the accused-petitioner submitted that statement of the prosecutrix recorded under Section 164 Cr.P.C. clearly reveals that the prosecutrix knew the present accused- petitioner and she was talking to him on the Mobile Phone. Learned counsel further submitted that the allegation levelled against the accused-petitioner of committing rape is prima-facie not established.

(3.) Learned counsel further submitted that as per on her version of the prosecutrix, she had gone on Motor-cycle in night at the distance of about 10 Kms. Learned counsel further submitted that the other co-accused Sonu Kumar has also been enlarged on bail by this Court while accepting S.B. Criminal Misc. Bail Application No. 2113/2020 dt. 5th March, 2020.