BHERULAL Vs. STATE

JUDGEMENT

(1.) The petitioner has been arrested in connection with F.I.R. No.19/2022 of Police Station Dholapani, District Pratapgarh, for the offence punishable under Sec. 143, 363, 366-A, 120-B of IPC and Sec. 3/4(2)of POCSO Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(2.) Learned counsel for the petitioner submits that the prosecutrix in her statement recorded under Ss. 161 and 164 Cr.P.C., levelled a specific allegation of committing rape against Raju Das. Counsel further submits that petitioner has been falsely implicated in this case. Challan of the case has been presented and no investigation is pending. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

(3.) Learned Public Prosecutor opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.