AZHAR ALIAS AJRUDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.22/2019 registered at Police Station Chopanki, District Alwar for the offence(s) under Section(s) 452,363,376,506 of I.P.C and Section 3/4 of POCSO Act, 2012 and Children Rights Protection Act, 2005 and later on for the offence under Sections 452 , 363 , 376 (2(CHA), 376(3), 506 of I.P.C and Sections 5N/6 of POCSO Act.

(2.) Heard learned counsel for the petitioner through 'Jitsi Meet'. It is contended by learned counsel for the petitioner that the prosecutrix has not levelled any allegation of commission of rape upon her by the accused petitioner. He submits that the FIR is inordinately delayed by 2 months with no explanation for delay. He submits that the first bail application was dismissed as withdrawn by this court vide order dated 21.1.2020 and thereafter, not a single prosecution witness has been examined. He further contends that the petitioner is in custody since 4.9.2019, trial of the case is likely to take time and prays for release of the petitioner on bail.

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