RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application under Sec. 483 BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No. 109/2024 registered at Police State Jhalawar Sadar for offences punishable under Sec. 363 IPC. After completion of Investigation, charge sheet for offences under Ss. 363, 366, 376(2)(N) IPC and Sec. 5(L)/6 of POCSO Act, 2012 has been filed in the matter.

(2.) Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that the petitioner in innocent. He has not committed any offence. Drawing attention of this Court towards the statement of the victim recorded under Sec. 164 Cr.P.C. on 28/5/2024, learned Counsel submits that from bare perusal of this statement, it is absolutely clear as crystal that she has not levelled any kind of allegation against the petitioner. She has not even named the petitioner at any place in her statement. Learned Counsel argues that the petitioner has been kept behind the bars unnecessarily and without there being any reason, his personal liberty guaranteed under Article 21 of the Constitution of India has been curtailed. It if further contended by learned Counsel for the petitioner that after completion of investigation, charge sheet has been filed. The petitioner is in custody since 1/6/2024 and conclusion of trial is likely to take time. He thus, prays that the instant bail application may be accepted and the petitioner may be enlarged on bail.

(3.) Learned Public Prosecutor opposes the instant bail application. However, he failed to controvert the fact that the prosecutrix has not alleged anything against the petitioner in her statement recorded under Sec. 164 Cr.P.C.