AJAY Vs. STATE

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.189/2021, Police Station Ladnun, District Nagaur for the offence punishable under Sec. 376(2) of Indian Penal Code and Sec. 5/6 POCSO Act.

(2.) Learned counsel for the petitioner submits that F.I.R. in this case has been lodged after considerable delay and this delay has not been explained by the prosecutrix. Learned counsel further submits that there are material contradictions in the statement of the prosecutrix recorded under Sec. 161 & 164 Cr.P.C. Challan of the case has already been presented. In these circumstances, the petitioner may be released on bail.

(3.) Per contra, Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for bail.