DEENDAYAL 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.190/2019 registered at Police Station Mahila Thana Karauli for the offence(s) under Sections 376A , B of IPC and Section 5/6 P.O.C.S.O. Act.

(2.) Heard learned counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in Court.

(3.) Counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel for the petitioner submits that during the trial, statement of victim has been recorded as PW/1, who has not supported the prosecution case and has been declared hostile by the prosecution. She has specifically stated before the Court that the accused petitioner Deendayal has not committed rape upon her. It is also submitted that apart from the statement of PW/1 prosecutrix, statement of her mother Guddi and father Vishnu have also been recorded as PW/2 and PW/3, who have also been declared hostile and as such there is no evidence against the accused petitioner. Counsel further submits that the accused petitioner is in custody since 24.12.2019 and completion of trial will take time, so the accused petitioner may be enlarged on bail.