CHOTHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.51/2019, Police Station Samdari, District Barmer for the offences under Sections 363, 366-A, 376(D) and 323 of IPC and Section 5(G)/6 of the Protection Children From Sexual Offence Act, 2012.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioner submits that the victim has appeared before the learned trial Court as PW-4. She has not supported the prosecution case and thus, she has been declared hostile. The other prosecution witnesses i.e. mother and father of the victim have also not supported the case of the prosecution and they too have been declared hostile. He further submits that the co-accused Chelaram has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 07.02.2020. Therefore, it is prayed that the petitioner may be enlarged on bail.