NITESH TAMBI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused -petitioner has moved this application for grant of bail under Section 439 Cr.P.C. in respect of FIR No. 31/2014, registered at Police Station Mahila Thana, District Sikar for the offences under Sections 363 and 366 IPC. It is to be noted that after investigation charge -sheet has already been filed against the petitioner for the offences under Sections 363, 366A, and 376 IPC and Sections 3 & 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter to be referred as "the Act") and charges have also been framed against him for the offences under Sections 363, 366 and 376(2)(n) IPC and Section 5(1) read with Section 6 of the Act. It is further to be noted that statement of some of the material prosecution witnesses including that of the prosecutrix has also been recorded by the trial Court.

(2.) IN support of the application, learned counsel for the petitioner has raised the following grounds: -

(3.) ON consideration of submissions made on behalf of the respective parties and the material made available for my perusal and more particularly looking to the explanation furnished by the prosecutrix in her cross -examination and also the gravity of the offence, but without expressing any final opinion on the merit and demerit of the case, I do not find it a fit case in which benefit of bail is to be granted to the petitioner under Section 439 Cr.P.C.