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Judgment
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 622/2020
Registered at Police Station Tijara, P.S. District Bhiwadi, District Alwar for the offence(s) under Sections 376D, 354 of IPC and 5g and 6 of the
POCSO Act and Section3(1)(W) and 3(2)(va) of the SC/ST (POA) Amendment Act, 2015 (in FIR) and under Section 376D, 354 IPC, 5G/6 of
POCSO Act, 2012 and 3(1) (W)2(2)(v) SC/ST Act.
Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that according to the
statement of the prosecutrix recorded under Section 164 Cr.P.C. no allegation of committing rape has been levelled by her against the accused-
petitioner. Counsel further submits that challan has already been presented in the court and conclusion of trial may take long time. Counsel further
submits that the petitioner is in custody since 21.10.2020
Learned Public Prosecutor has opposed the bail application.
Considering the material on record and taking into account the facts and circumstances of the case and also considering the statement of
prosecutrix and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to
satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.