JUDGMENT :

SUVIR SEHGAL, J.

1. The Court has been convened through video conferencing due to Covid-19 pandemic.

CRM-9893-2021

2. Application is allowed. Annexures P-A and P-B are taken on record.

Main Case

3. Petitioner has filed this petition under Section 439 of Cr.P.C. for grant of regular bail in case FIR No.131, dated 30.06.2020 registered under Section 363 IPC, 1860, Sections 6 of POCSO Act, 2012, and 51 (b) of D.M. Act, registered at Police Station Sushant Lok, District Gurugram.

4. FIR has been registered on 30.06.2020 on the basis of the statement of the mother of the prosecutrix on the allegation that Rohit, present petitioner, had enticed her minor daughter on the pretext of marriage. On the next day, mother of the prosecutrix appeared before the police with the prosecutrix and the statements under Section 161 and 164 Cr.P.C., Annexures P-3 and P-2 respectively were recorded. The petitioner was arrested on 01.07.2020.

5. Counsel for the petitioner has placed reliance on the deposition of the prosecutrix, Annexure P-B, to submit that the prosecutrix has stated on oath that the petitioner did not commit any wrong act with her on 29.06.2020 or at any subsequent point of time and on