BLAPL No.4077 of 2016

03.11.2016

Heard learned counsel for the petitioner and the learned Additional Standing Counsel f

or the State on the application under section 439 Cr.P.C. for release of the petitioner on bai

l who allegedly involved for the offence under Sections 376(2)(n) of I.P.C. read with section

4 of POCSO Act.

Learned counsel for the petitioner submits that the statement of the victim girl shows

about relationship between the petitioner and victim girl and the injury report does not disc

lose about any injury showing forcible sexual intercourse with her. He further submits that ch

arge sheet in this case has been submittede further submits th in the meantime, for which leni

ent view may be taken to release the petitioner on bail on any condition as deemed just and pr

oper. Learned Addl. Standing Counsel opposes the prayer for bail.

Considering the submissions of learned counsel for the respective parties, regard being

had to the facts and circumstances of the case including the fact that there was love affair

between the petitioner and the victim, fact that the injury report does not disclose about any

injury showing forcible sexual interco