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Judgment
Vinit Kumar Mathur, J
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.184/2021, Police Station Padampur, District Sriganganagar for the offences under Section 450 & 376 IPC.
Heard. Perused the material available on record.
Mr. Sunil Kumar, son of the petitioner submits that after the rejection of the first bail application of his father, the statement of the prosecutrix Mst. ‘V’ has been recorded before the trial court as P.W.1. He submits that there is no allegation of rape in the statement of the prosecutrix recorded under Section 161 & 164 Cr.P.C. He further submits that there is no medical evidence to corroborate the factum of rape having been committed on the prosecutrix. He also submits that his father has been falsely implicated in the present case. His father has suffered incarceration for more than one year, therefore, he prays that his father may be enlarged on bail.
Per contra, the learned Public Prosecutor submits that in the statement of Mst. ‘V’, she has stated that petitioner has trespassed into the house of the prosecutrix and has committed rape.
Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, more particularly, the statement of P.W.1 Mst. ‘V’, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner at this stage.
Accordingly, the present second bail application preferred by the petitioner under Section 439 Cr.P.C. is dismissed.