LAKHAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed by the complainant- petitioner (hereinafter to be referred as 'complainant') against the order dated 04.05.2019 passed by learned Special Judge, Protection of Children from Sexual Offences Act and The Commissions for Protection of Child Rights Act, Dholpur in Case No.49/2019 whereby the accused-respondent No.2 (hereinafter to be referred as 'accused') was ordered to be released on bail under Section 439 Cr.P.C.

(2.) Brief facts of the case are that the complainant submitted a missing report on 24.09.2016 of her minor daughter, aged about 16 years, on the basis of which FIR No.557/2016 was registered at Police Station Bari, District Dholpur for the offences under Sections 363, 366, 376D IPC and Section 5 and 6 of Protection of Children from Sexual Offences Act,2012 and Section 3-2(5), 3- 1(W-1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The police after investigation filed challan and arrested the accused namely Aishveer and other co-accused Punjab Singh. After arrest, the accused filed application seeking bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act before Juvenile Justice Board, Dholpur and on its rejection vide order dated 15-6-2018, preferred appeal before the Special Judge, SC/ST (POA Cases), Dholpur and that was also dismissed vide order dated 27-6-2018. Being aggrieved, the accused preferred Revision before this Court bearing S.B. Criminal Revision Petition No.1173/2018 which was also dismissed by the Coordinate Bench of this Court vide order dated 31-8-2018 which reads as under :-

(3.) After rejection of revision petition by the Coordinate Bench of this Court, age of the accused was determined by the Medical Board and the case was referred to the Special Judge, POCSO Act before whom the accused again moved bail application under Section 439 Cr.P.C. along with co-accused Punjab Singh, which was allowed by the learned trial court vide order dated 4-5-2019. Hence, being aggrieved the present appeal seeking cancellation of bail has been filed by the complainant challenging the order dated 4-5-2019 passed by the learned trial court.