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2022 Supreme(Raj) 1297

PUSHPENDRA SINGH BHATI
Abid – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mahaveer Singh, Advocate, MA Siddiqui, Advocate, Ram Chandra Siwar, Advocate

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - This Court has perused the material available on record.

2. The petitioner has been arrested in FIR No.188/2020 of Police Station Kuchera, District Nagaur for the offences punishable under Sections 450, 376(2)(N) IPC & Section 5/6 of POCSO act. He has preferred this bail application under Section 439 Cr.P.C.

3. Counsel for the petitioner has shown this Court the statement of PW-1 i.e. prosecutrix herself, who is 12th class student, in which she has categorically stated that in case her brother would not have seen her with the present accused, she would not have told the family members about the incident and nor she would have lodged any kind of report. Counsel for the petitioner submits that there was a relationship between the prosecutrix and the present accused petitioner. Therefore, it is prayed that the petitioner may be released on bail.

4. Learned additional advocate General and counsel for the complainant have opposed the bail application.

5. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the meri

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