RAMESH 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 FIR No.259/2021 Police Station Osiyan, District Jodhpur for the offence punishable under Ss. 363, 366(A), 342, 376(D) IPC and Ss. 3 R/w 4 and 11 R/w 12 of POCSO Act.

(2.) Learned counsel for the petitioner submits that according to the FIR as well as statements recorded under Ss. 161 & 164 Cr.P.C. and subsequent statement recorded under Sec. 161 Cr.P.C, allegations for committing rape has not been levelled against the petitioner and for the first time in the Court, when she examined as PW1, she named the petitioner and allegations for committing rape has been levelled against the petitioner, therefore, there are contradictions in the statement of prosecutrix. In these circumstances, the bail may be granted to the petitioner.

(3.) Learned Public Prosecutor vehemently opposed the bail application filed by the petitioner.