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2022 Supreme(Raj) 1908

ASHOK KUMAR GAUR
Aslam – Appellant
Versus
State Of Rajasthan, Through P. P. – Respondent


Advocates appeared:
Mr. Shyam Bihari Gautam Advocate, (Through VC), for the Appellant
Mr. Laxman Meena, Public Prosecutor. Mr. Hardik Mishra, Advocate, for the Respondent.

ORDER

1. Heard learned counsel for the parties.

2. The present bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.653/2021, registered at Police Station Udhyog Nagar, District Sikar for the offence(s) under Sections 376 (2)(n) & 376-D IPC and Sections 5l, 6 & 5g of of POCSO Act, 2012.

3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the case registered under Sections 376 (2)(n) & 376-D IPC and Sections 5l, 6 & 5g POCSO Act, 2012.

4. Learned counsel submitted that the prosecutrix has got recorded her statement under Section 164 Cr.P.C. and therein, the prosecutrix has admitted that she and the present petitioner were known to each other for last several years and she got married with him with the consent of her parents.

5. Learned counsel submitted that the said statement further reveals that the petitioner and the prosecutrix stayed together, she had given birth to a child and no illicit relation was established by the petitioner.

6. Learned counsel submitted that the said statement further shows that the prosecutrix wants to stay with the present petitioner, however, on account of some dispute with regard

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