BHARAT RAO Vs. STATE

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 63/2019, Police Station Mathania, District Jodhpur City East, for the offences under Sec. 377 of IPC and Sec. 3/4 of Protection of Children from Sexual Offence Act, 2012.

(2.) Learned counsel for the petitioner submits that the FIR has been lodged about 20 days after the date of the incident. It is stated that the petitioner was minor at the time of the incident and the complainant is said to be a consenting party. The petitioner has been falsely implicated in this case.

(3.) Learned Public Prosecutor has opposed the bail application but admitted that the applicant was about 18 years of age at the time of offence as the date of birth of the accused petitioner is 6/4/2001.