HARBHAJAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No. 51/2021 registered at Police Station Mahila, Srigangangar for the offences punishable under Sec. 376DA IPC and Sec. 5g/6 of the POCSO Act, 2012. He has preferred second bail application under Sec. 439 Cr.P.C.

(2.) Learned counsel for the accused-petitioner submitted that the first bail application bearing SBCRLMB No.9075/2021 was dismissed, as withdrawn, by a coordinate Bench of this Hon'ble Court vide order dtd. 14/7/2021, while giving liberty to the petitioner to file fresh bail application, after recording of the statement of the prosecutrix.

(3.) On the other hand, Learned Public Prosecutor appearing on behalf of respondent-State, while vehemently opposing the bail application, submitted that the age of the prosecutix in this case is 16 years, and further, she maintained consistency in her statement regarding the allegations in question.