IRSHAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioner is facing trial for offence punishable under Ss. 354, 341, 323 and 354A and D IPC and Sec. 7/8 of the POCSO Act in Sessions Case No. 307/18, pending before Special Judge, POCSO Act Cases, No. 2, Pali.

(2.) The first bail application on behalf of petitioner was dismissed on 1st of September, 2017 followed by second on 12th of July, 2018.

(3.) Arguing on this third bail application, it is submitted by learned counsel that co-accused Mohd. Rijwan has been enlarged on bail by this Court while considering his second bail application and case of the present petitioner is not distinguishable from him. It is also submitted by learned counsel that petitioner is in custody since 27th of July, 2017 and so far there is no material progress in the trial. Learned counsel has further contended that both the children (victim) during their deposition before learned trial Court have not attributed any specific overtact to the petitioner and almost same allegations are there as are levelled against coaccused Mohd. Rijwan, who has been enlarged on bail.