SUMIT KUMAR Vs. STATE OF RAJASTHAN

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.258/2022, Police Station Taranagar, Distt. Churu for the offence under Ss. 450, 354-D, 376(2)(N) of IPC and Sec. 5(L)/6, 11/12 of POCSO Act.

(2.) Learned counsel for the petitioner submits that the prosecutrix has been examined in the court as PW-1 and there are material contradictions, omissions and improvements in her statement. It is also submitted that the first incident occurred in the year 2020 but no FIR in that regard was lodged by the prosecutrix. She lodged the present FIR after about two years of the incident and this delay has not at all been explained by the prosecutrix. The petitioner is inside the jail since 4/9/2022 and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

(3.) Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.