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Judgment
Petitioner has filed this bail application under Section 439 of Cr.P.C.
F.I.R. No.116/2017 was registered at Police Station Mandana, Kota for offence under Sections 365, 342, 376 I.P.C. and Section 3/4 of POCSO
Act.
It is contended by counsel for the petitioner that the matter is more of a consent. Prosecutrix is aged 17 years. Petitioner is neighbour of prosecutrix
and is known to the petitioner for the last 7-8 years.
Learned Public Prosecutor has opposed the bail application. His contention is that the prosecutrix was not even 17 years of age on the date of
alleged incident. In her statement she has specifically levelled allegation against the petitioner with regard to rape.
Considering the contention of counsel for the State, I am not inclined to grant benefit of bail to the petitioner.
The bail application is rejected.
However, it is clear that the petitioner would be free to file fresh bail application after recording of the statement of the prosecutrix.
The trial Court is directed to record the statement of the prosecutrix at the earliest.