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Judgment
Arvind Singh Sangwan, J
CRM-4897-2021
For the reasons stated in the application, same is allowed and Annexure P-4 is taken on record.
CRM stands disposed of.
CRM-M-1161-2021
Prayer in this petition is for grant of regular bail in FIR No.246 dated 11.11.2019 under Section 377 IPC and Section 4 of POCSO Act, registered at
Police Station City South, Moga.
Learned counsel for the petitioner submits that as per allegations in the FIR, registered at the instance of complainant, his minor child (name not
disclosed) was not at home and when the complainant and his wife went to house of the petitioner, they heard their son crying. The petitioner had
made the victim to lie upside down and he was lying over him and was pushing his private organ inside the anus of his son. When the petitioner
shouted and asked him what he is doing, then the petitioner ran away from the spot. It is further submitted that medical evidence of the complainant is
not supporting the allegations in the FIR.
Learned State counsel, on the basis of MLR, has opposed the prayer for bail on the ground that it has been reported by the doctor that “reddish hue
seen in the perianal regionl at 12 o’clock positionâ€. Therefore, MLR of the victim, aged about 04 years, supports the allegations in the FIR.
After hearing learned counsel for the parties, considering the allegations in the FIR and the MLR, I find no ground to grant regular bail to the
petitioner.
Faced with the above, learned counsel for the petitioner seeks permission to withdraw the present petition.
Dismissed as withdrawn.
