BLAPL No.2762 of 2016

03. 26.09.2016 Heard learned counsel for the petitioner and the learn

ed State Counsel for the State on the application under section 439 Cr.P.C. for release of the

petitioner on bail who allegedly involved with the offence under Section 363/376(2)(n) of the

Indian Penal Code read with Section 6 of POCSO Act.

2. Learned counsel for the petitioner submits that the victim and the present pet

itioner are in love with each other and the medical report is silent about any recent forcible

sexual intercourse. He further submits that in the meantime the charge sheet has been submitt

ed for which he prays that a lenient view may be taken to release the petitioner on bail with

any condition as deemed fit and proper. Learned counsel for the State opposes the prayer for

bail.

3. Considering the submission of the learned counsel for the respective parties,

regard being had to the facts and circumstances of the case including the fact the victim and

the present petitioner are in love with each other and the medical report is silent about any

recent forcible sexual intercourse, fact that in the meantime charge s