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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. 116/2020 registered at Police Station Madanganj District Ajmer for the offence(s) under Sections 376(1), 376(2)(n), 384 of IPC and Sections 3/4, 5(J)(ii)(L)/6 of The Protection of Children From Sexual Offences Act, 2012.
Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that the age of the petitioner is 21 years and victim is of 17½ years and they both are neighbourers and it is a case of love affair. Counsel further submits that the FIR has been lodged after a delay of six months and age of the victim is yet to be determined during trial. Counsel further submits that the challan has already been (2 of 2) [CRLMB-10392/2020] presented in this matter and conclusion of the trial may take long time and the petitioner is behind the bars since 15.05.2020.
Learned Public Prosecutor has opposed the bail application.
Considering the material on record and also considering the period of custody and taking into account the facts and circumstances of the case 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.