MANOHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.04/2023 registered at Police Station Bhawanda, District Nagaur, for offences under Ss. 363, 366-A, 376D, 376 (2)(n) of IPC and Ss. 5G/6, 16/17 POCSO Act and Sec. 84 Juvenile Justice (Care and Protection of Children) Act.

(2.) Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

(3.) Learned counsel for the petitioner drew attention of the Court towards FIR dtd. 6/1/2023 lodged by the father of the prosecutrix and the statements of prosecutrix recorded under Sec. 161 Cr.P.C. to implore the Court to accept the bail application on the ground that initially, the allegation of committing sexual assault (rape) upon prosecutrix had been levelled against co-accused Bablu. The allegation against present petitioner is of providing motorcycle to the co-accused and guarding the room where alleged incident took place. Learned counsel vehemently submitted that only with a view to falsely implicate the present petitioner in the present case for the offences of sexual assault (rape), the prosecutrix has levelled allegations against the petitioner in her statement recorded under Sec. 164 Cr.P.C. Learned counsel submitted that challan has already been filed; trial is likely to take time. Lastly, it was submitted that petitioner is a young boy of 20 years only, therefore, prolonged judicial custody would be detrimental to his studies and future prospects.