RAMNIWAS LUHAR @ BHAGWANSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No. 136/2024 registered at Police Station Bhalta, District Jhalawar (Rajasthan) for he offences punishable under Ss. 450, 354D & 376 of IPC and Sec. 3/4 of POCSO Act.

(2.) Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that victim of the case has been examined as PW-5 during the course of trial wherein she did not support the case and declared hostile by the prosecution. Counsel submits that there are no criminal antecedents of the petitioner. Counsel further submits that petitioner is ins custody since 13/6/2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.

(3.) Learned Public Prosecutor assisted by Counsel for the complainat opposes the submissions made by counsel for the petitioner. However, they failed to controvert the fact that victim has been declared hostile by the prosecution.