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Judgment
Sheel Nagu, J
This is first bail application u/S.439 CrPC filed by the petitioner for grant of bail.
The petitioner has been arrested on 11.04.2021 by Police Station â€" Kotwali, District Ashok Nagar (M.P.), in connection with Crime No. 295/2021
registered in relation to the offences punishable u/s.376, 342, 457 of IPC & Section ¾ of POCSO Act.
Learned counsel for State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material
available on record, no case for grant of bail is made out.
Petitioner, who is in custody since 11.04.2021, is alleged with aforementioned offences.
Charge-sheet has been filed in this matter of rape against the petitioner in respect of prosecutrix said to be aged about 15½ years at the time of
incident. The statement of prosecutrix though reflects element of consent to some extent but the same becomes irrelevant in view of the age of
prosecutrix.
In view above, for the time being no case for grant of bail is made out.
Accordingly, present bail application stands dismissed with liberty to come again after examination of main PWs or if the trial gets further delayed,
whichever is earlier.