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Judgment
This is an application filed under Sec. 439 of Cr.P.C., seeking regular bail.
The petitioner is the accused in Crime No.828 of 2020 of Manjeswar Police Station, which was registered alleging offence punishable under Secs.
363 and 376 (1) of the Indian Penal Code, 1860 and Sec. 4(1) read with 3 (a) of the Protection of Children from Sexual Offences Act, (for short
POCSO Act )2012. The victim is a 16 year old girl.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The learned counsel for the petitioner submits that the petitioner was arrested on 17.12.2020 and is in custody for the last more than 190 days.
According to the learned Public Prosecutor, the trial of the case is already scheduled and examination of the witnesses will commence on 5.05.2021.
According to him, the victim girl belongs to very poor strata of the society, release of this petitioner at this stage will affect the outcome of trial.
In the circumstances and having regard to the family background of the victim girl, it is not expedient to enlarge the petitioner on bail at this stage.
Therefore, the application is dismissed. However, it is made clear that after the examination of material witnesses, the petitioner can move the Trial
Court for enlarging him on bail.
With this observations, the application is dismissed.