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2022 Supreme(Raj) 1927

VINIT KUMAR MATHUR
Aasif Mohammad – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Sikander Khan, Advocate, Shrawan Bishnoi, Advocate

JUDGMENT

Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

2. Learned Public Prosecutor submits that the respondent No.2 has been informed regarding pendency of the present bail application. The factual report is taken on record.

3. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.150/2021, Police Station Mandal, District Bhilwara for the offences under Sections 447 & 354 of the I.P.C. and under Section 7/8 of POCSO act, 2012 and under Sections 3(1)(W), 3(2) (Va) of SC/ST act, 1989.

4. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

5. Learned counsel for the petitioner submits that the petitioner was having relationship with Mst.'M' and in the present incident, there is no allegation of rape. He further submits that even as per the statement of PW-2 (Mst.'M') the rape was committed three months prior to the present incident for which no F.I.R. was lodged. Learned counsel also submits that

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