- (1.)This bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.290/2019 registered at Police Station, Peeplu District Tonk, for offence under Section(s) 363, 366, 341, 376(3), 376(D)(A), 34 IPC and Section 3/ 4, 5(G)/ 6 and 16/ 17 of POCSO Act.
(2.)Learned counsel for the petitioner submits that the charge- sheet has been filed wherein the statement under Section 161 Cr.P.C. of the prosecutrix was recorded who has mentioned in her statement of having called the accused-petitioner and also stated that she was not raped by the accused-petitioner. Counsel submits that the prosecutrix was handed over to her parents and after five days another statement was recorded under Section 164 Cr.P.C. where she alleged of having gone with the accused-petitioner on motor cycle and having been raped by the accused-petitioner whereafter the petitioner is alleged to have left her back at her village and she went to the room in her field instead of going to her house in the night and later on went to her house. Learned counsel also submits that there is no injury found on the prosecutrix and the doctor has opined that she is not virgin which shows that she is habitual to sexually inter-course. Learned counsel submits that charge sheet has already been filed and in view of the contradictory statements which have been recorded under Section 164 and 161 Cr.P.C. and also the fact that the co- accused has already been granted bail, the accused-petitioner deserves to be enlarged on bail.
(3.)Learned Public Prosecutor has opposed the bail application.